ANNUAL REPORT
2006 - 2007
About this report
This is a report of our activities and performance during 2006/07. The first chapter is the
Commissioner’s Overview and includes information about the operational structure and
performance management framework of the Commission.
The Report on Operations in Chapter Two provides details of the Commission’s performance
in achieving its outcomes with regard to the provision of information and advice, and
provision of redress for unlawful discrimination.
Chapter Three outlines the Significant Issues and Trends identified in the Budget Estimates
for 2007/08.
In Chapter Four the financial statements are set out, as well as the reports on key performance
indicators and legal and policy disclosures.
This Report is available from the Publication section of the Commission’s website at:
www.eoc.wa.gov.au. Print copies may be requested from the Commission.
Feedback
As the Commission is constantly striving to improve its services, any comments, observations
or queries relating to the contents of this Annual Report will be appreciated.
To provide feedback on the effectiveness of this Report, please refer to the Feedback Form in
Appendix B at the end of this Report.
Equal Opportunity Commission directory
Office
Level 2
141 St Georges Terrace
PERTH WA 6000
Telephone and facsimile numbers
Telephone:
Toll free:
(08) 9216 3900
1800 198 149
TTY number:
Facsimile:
(08) 9216 3936
(08) 9216 3960
Postal address
PO Box 7370
Cloisters Square
PERTH WA 6850
Website
Email
www.eoc.wa.gov.au
eoc@eoc.wa.gov.au
i
STATEMENT OF COMPLIANCE
TO THE HON JIM MCGINTY,
ATTORNEY GENERAL
I have pleasure in submitting this Annual Report for the year ended June 30, 2007, for your
information and presentation to Parliament.
This report has been prepared in accordance with the Financial Management Act 2006,
Section 95 of the Equal Opportunity Act 1984, and Section 31 of the Public Sector
Management Act 1994.
I draw your attention to my overview that describes achievements for this financial period.
Yvonne Henderson
Commissioner for Equal Opportunity
August 31, 2007
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TABLE OF CONTENTS
1
OVERVIEW .................................................................................................................... 1
Commissioner’s Summary .................................................................................................... 1
Operational Structure ............................................................................................................. 5
Performance management framework ................................................................................... 7
2
AGENCY PERFORMANCE: REPORT ON OPERATIONS .................................. 11
Community Education ......................................................................................................... 12
Conciliation Services ........................................................................................................... 20
Substantive Equality Project ................................................................................................ 44
Special Projects ................................................................................................................... 49
3
SIGNIFICANT ISSUES AND TRENDS .................................................................... 55
Key issues and trends in 2006/07 ........................................................................................ 55
The year ahead ..................................................................................................................... 55
4
DISCLOSURES AND LEGAL COMPLIANCE ....................................................... 57
Financial Statements ............................................................................................................ 57
Performance Indicators ........................................................................................................ 78
Government Goal ................................................................................................................ 79
Other Financial Disclosures ................................................................................................. 86
Other legal requirements ..................................................................................................... 87
Government policy requirements ........................................................................................ 90
Outcome based management ............................................................................................... 92
Compliance statement.......................................................................................................... 93
APPENDIX A: Case Studies ................................................................................................. 94
APPENDIX B: Feedback form.............................................................................................. 98
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Index to Tables
Table 1: Education sessions ................................................................................................... 12
Table 2: Enquiries by ground ................................................................................................ 21
Table 3: Enquiries by area .................................................................................................... 22
Table 4: Enquiries by ground and area ............................................................................... 23
Table 5: Written enquiries converted to formal complaints ............................................... 24
Table 6: Number of complaints handled .............................................................................. 25
Table 7: Complaints by ground............................................................................................. 26
Table 8: Complaints by area ................................................................................................. 27
Table 9: Complaints by ground and area ............................................................................. 28
Table 10: Complaints by gender of complainants ............................................................... 29
Table 11: Complaints by ground and gender of complainants .......................................... 30
Table 12: Complainants by age ............................................................................................. 31
Table 13: Aboriginal complaints by area ............................................................................. 32
Table 14: Aboriginal complaints by outcome ...................................................................... 33
Table 15: Complainants by birthplace ................................................................................. 34
Table 16: Complainants by occupation ................................................................................ 35
Table 17: Complainants by disability ................................................................................... 36
Table 18: Complainants by industry .................................................................................... 37
Table 19: Complaints by size of respondent’s organisation ............................................... 38
Table 20: Outcome of complaints closed .............................................................................. 39
Table 21: Time taken to close complaints ............................................................................ 41
Table 22: Number of matters referred by Commissioner ................................................... 42
Table 23: Outcome of matters referred by Commissioner ................................................. 43
Table 24: Substantive equality: Collective progress ............................................................ 46
Table 25: Substantive equality: Progress towards Level 1 ................................................. 47
Table 26: Substantive equality: Needs and Impact Assessments ....................................... 48
Table 27: Community survey of public awareness .............................................................. 81
Table 28: Employers’ acceptance of the Act ........................................................................ 82
Table 29: Employees’ acceptance of the Act ........................................................................ 82
Table 30: Rates of conciliation and referral of complaints ................................................. 83
Table 31: Outcomes of remaining closed complaints .......................................................... 83
Table 32: Settlement rate of cases referred to the State Administrative Tribunal ........... 84
Table 33: Average cost of information provision................................................................. 84
Table 34: Average cost per complaint and per case referred ............................................. 85
Table 35: Staff Profile by gender and salary 2006/07 ......................................................... 86
Table 36: Advertising and sponsorship ................................................................................ 87
Table 37: Outcome 1: Average cost of provision of information and advice .................... 92
Table 38 : Average cost per complaint and average cost per case referred ...................... 93
Table 39: Rates of conciliation and referral of complaints ................................................. 93
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1
OVERVIEW
Commissioner’s Summary
The year in brief
The last 12 months have been momentous for the Equal Opportunity Commission, with an extensive review of
the Equal Opportunity Act completed, an amendment to the Act in respect of racially offensive behaviour
expected to complete its passage through Parliament soon and significant progress on the implementation of
the findings of the Commission’s Finding a Place report into discrimination against Indigenous people in
public housing.
Review of the Act
After 21 years the Equal Opportunity Act 1984 was reviewed and wide ranging amendments have been
recommended to the Government to bring the Act up to date with changing community standards as well as
experience in other jurisdictions. Nearly 700 community organisations and individuals made submissions to
the review, demonstrating interest and commitment to the protection of human rights.
The resultant publicity generated a debate which the Commission believes is valuable, and the Commission
looks forward to legislation being drafted to amend the Act. A full report on the review can be found in
Chapter 2 of this Annual Report.
The implementation of the report will see Western Australia again at the forefront of equal opportunity
legislation in Australia.
Finding a Place
This year has also seen pleasing progress on the implementation of recommendations contained in the Report
on the Investigation of discrimination against Aboriginal people in public housing: Finding a Place. The
Commission has worked in close partnership with the department of Housing and Works to implement the
recommendations of this Inquiry.
The Commission is now part-way through a program to report back to those in regional Western Australia
who made submissions to Finding a Place, travelling to the Great Southern, South-West and Kalgoorlie
regions. Regional visits to the Kimberley and Pilbara later in the year will complete the program. The
contributions made by local community members, including DHW officers, is vital in ensuring that the report
is implemented effectively.
Racially offensive behaviour
Amendments to provide protection against racially offensive behaviour in public passed the Legislative
Assembly and are expected to go through the Legislative Council by late 2007. The Commission has
conducted public forums on racial vilification with African communities, Muslim women, Aboriginal,
Chinese and Afghan people, as well as a briefing for practitioners and advocates. More forums are planned for
Indigenous and African people.
Human Rights Act
The Commission welcomed the release by the Attorney General of a draft Human Rights Bill and the
establishment of a consultative committee. This follows the successful adoption of such legislation in the
Australian Capital Territory in 2004 and in Victoria last year.
Community education and information
The Commission’s community education and training program continued to grow, with increases in both the
number of courses and the number of participants.
A plain English guide to recruitment Getting it right: a Guide for Employers and the Recruitment Industry was
published to help employers and recruitment agencies comply with equal opportunity law.
1
Complaint handling
A streamlined conciliation process showed early and positive results as the length of time taken to close
complaints reduced with a consequent decrease in the number of lapsed complaints.
There was a sharp increase in the number of complaints received as a result of a changed practice in accepting
complaints, following a review of practice in other states as well as a decision of the State Administrative
Tribunal.
Substantive equality
The Substantive Equality Unit completed its second year of operation. During this time the Unit has provided
on-going support to public sector agencies, helping them address systemic discrimination in their policies and
practices.
Australian Council of Human Rights Agencies (ACHRA)
The Commissioner is a member of ACHRA, a national human rights body which meets regularly to discuss
current human rights issues. ACHRA made public statements on a number of issues including the on-going
detention of David Hicks without charge.
Financial overview
The total cost of the Commission’s services increased 11.9% during the financial year, an increase from
$2,940,607 in 2005/06 to $3,291,511 in 2006/07. This variation was primarily due to salary-related and
operational expenses associated with the implementation of the Housing Rights Project and associated costs
resulting in temporary additional funding for a three year period.
Achievements
Enquiries
The Commission receives public enquiries by telephone or in person during week days from 9am to 4pm.
Written enquiries, including email, are also received. The Commission responded to 3112 enquiries from the
public during the 2006/07 year, 71% of which fell within the jurisdiction of the Act.
Complaint handling
In 2006/07, 853 complaints were handled by the Commission. This figure consists of 656 new complaints and
197 complaints carried over from the previous financial year.
There has been a significant decrease in the time taken to close complaints. Processes have been put in place
to facilitate the earlier listing of conferences to enable parties to come together and attempt to resolve a
complaint more quickly. Of the complaints closed in 2006/07, 90.2% were closed within 12 months, a
considerable improvement on previous years.
Education and training
During the 2006/07 financial year the Commission held 332 educational sessions representing a 28.7%
increase compared with the previous year.
The Commission continued to include multilingual materials on its website with the addition of WorkSafe’s
Guide to Employees on Workplace Bullying in Chinese and Malay. Information on the proposed new
provisions on racially offensive behaviour was also produced in Swahili.
Enquiries and requests for Workplace Culture – Harassment and Bullying sessions increased.
The Commission’s website sections on the Substantive Equality Unit and the Housing inquiry Finding a Place
were continually updated. The website recorded a 10.62% increase in unique hits this financial year.
The Commissioner accepted 27 public speaking engagements during the 2006/07 year, as well as participating
in forums on amendments to the Act and the report backs to Indigenous communities and substantive equality
project participants.
2
Legal assistance
The number of matters settled in the State Administrative Tribunal (SAT) with the assistance of a legal officer
has remained fairly constant over the past three financial years, and over half are mediated with the legal
assistance of Commission officers.
Private law firms continue to provide pro-bono legal advice and representation to a number of complainants
under an arrangement between the Commissioner and participating legal firms. Special mention is made of
solicitors at Minter Ellison Lawyers. The assistance provided by these firms helped reduce the Tribunal
related workload on the Commission’s Legal Officers and this arrangement will remain in place as needed.
Substantive equality
The Substantive Equality Unit supported 23 departments as well as the Equal Opportunity Commission during
2006/07, to implement the Policy Framework for Substantive Equality.
Significant substantive equality issues identified include a failure to adopt appropriate ethnic descriptors in the
collection of data, and the use of descriptors irrelevant to the Australian context to manage and plan services.
Substantive equality recognises that some Western Australians continue to receive services not always
appropriate to their needs, often because of the unintended effects of policies, practices and procedures.
All Equal Opportunity Commission staff were provided with an overview of the Substantive Equality Unit, its
aims and objectives, early in the new financial year. A senior staff member was appointed to oversee the
Commission’s implementation of substantive equality in the two divisional areas of Conciliation and Policy &
Evaluation.
Special projects
Review of the Act
The review of the Act recommended to government the updating of existing grounds, introduction of new
grounds, extension of existing areas to all grounds under the Act, updating of procedures and the introduction
of a statutory ‘gender duty’ to improve equal opportunity between the sexes in the public sector.
Housing inquiry
In March 2006 the Commission and the Department of Housing and Works finalised an action plan that
grouped the 165 recommendations of the Finding a Place inquiry into three themes: promote, review and
manage. In June the Commission and the department released a joint statement addressing indirect
discrimination and strategies to improve housing services for Aboriginal and Torres Strait Islander people.
The Housing Implementation Committee continues to meet bi-monthly to monitor progress on this process.
The year ahead
The Commission will continue to focus its marketing and promotional activities towards areas which reflect
complaints received, enhance the range of courses to include train the trainer in the delivery of equal
opportunity law sessions.
The Commission will continue to expand its fee-for-service programs into regional areas and re-focus the
outreach program to include advocacy training for Aboriginal groups in the metropolitan area.
The Commission intends to establish reference groups to help guide its rights-based training programs.
In the coming financial year the Commission will:



Continue to undertake community education on the amendments on racial vilification to the Act,
particularly for Indigenous and other racial minority communities.
Move to become a Registered Training Organisation and seek accreditation of a cultural diversity
course in the first instance
Continue efforts to reduce time taken to close complaints and reduce the number of lapsed
complaints
3




Release a plain-English guide to the transition from pregnancy, through maternity leave and back to
work.
Collaborate with disability advocates in a publication focussing on discrimination and disability.
Visit the State’s North West to report on progress in implementing the report Finding a Place.
Draft changes to the Act resulting from the review.
New challenges
The challenges ahead are to resolve increasingly complex complaints more quickly and to work to eliminate
systemic discrimination within organisations, both public and private.
Key areas of concern are:
 Women continue to experience difficulties accessing maternity leave and negotiating a return to a
position comparable with the one occupied prior to leave
 The inability of the Commission to respond to complaints of harassment by bullying, particularly in
the workplace; and
 The need for flexible work arrangements to enable female and male workers to balance their family
responsibilities and their work.
4
Operational Structure
Name of Agency
Equal Opportunity Commission
Authority by which the agency is established
The Office of the Commissioner for Equal Opportunity is established under Part VII, Division I of the Equal
Opportunity Act 1984 as amended, and under the provisions of the Public Sector Management Act 1984.
The Commissioner for Equal Opportunity is appointed by the Governor and is the Accountable Officer under
the Financial Management Act 2006.
Minister Responsible
Attorney General Jim McGinty
Organisational chart
Legislation administered
The Commissioner administers the:
 Equal Opportunity Act 1984 (as amended in 1988, 1992 and 2001) – Parts I-VII and X; and the
 Spent Convictions Act 1988 – Division 3
Legislation affecting the Commission’s activities
State
 Disability Services Act 1993
 Electoral Act 1907
 Financial Management Act 2006
 Freedom of Information Act 1992
 Gender Reassignment Act 2000
 Government Employees Superannuation Act 1987
 Industrial Relations Act 1979
 Minimum Conditions of Employment Act 1993
 Occupational, Safety and Health Act 1984
 Public Interest Disclosure Act 2003
 Public Sector Management Act 1994
 Salaries and Allowances Act 1975
 Spent Convictions Act 1988
 State Records Act 2000
 State Supply Commission Act 1991; and
5

Workers Compensation and Rehabilitation Act 1981.
Commonwealth
 Age Discrimination Act 2004
 Disability Discrimination Act 1992
 Human Rights and Equal Opportunity Act 1986
 Racial Discrimination Act 1975
 Sex Discrimination Act 1984
 Workplace Relations Act 1996; and
 Workplace Relations Amendment (Work Choices) Act 2005.
6
Performance management framework
About the Commission
Our vision
The Equal Opportunity Commission aims to ensure that Western Australia, as part of the international
community, becomes a more just and equitable society, by advancing human rights and not tolerating
discrimination.
Strategic directions
The Equal Opportunity Commission’s Strategic Directions for 2007-2008 are to:
 Develop and deliver a whole of Commission approach to Aboriginal and Torres Strait Islander
people.
 Involve and engage non-government, government and business communities in the development of a
human rights culture.
 Improve awareness and understanding of the role and function of the Equal Opportunity
Commission.
 Use the Act proactively; and
 Improve the way the Commission works.
Our role and functions
The Commission’s main role and functions are to:
 Promote recognition, awareness and acceptance of the principles of equal opportunity through a
broad range of diverse activities including publications, education initiatives, training courses and
events; and
 Provide accessible avenues of redress for unlawful discriminatory practices, policies and behaviour
through handling complaints.
Outcomes
The Commission’s two outcomes are the provision of:
 Information and advice; and
 Provide an avenue of redress where discrimination has occurred.
The Commission achieved the first outcome through the following:
 Rights-based education
 Fee-for-service training
 Answering enquiries
 Strategic policy advice
 Review of legislation, evaluation and investigation
 Publications
 Holding public forums and other information sessions
 Addressing community groups, conferences, seminars etc; and
 Up-to-date and easily accessible information on the web page.
The Commission achieved its second outcome through the following:
 Investigation of complaints
 Complaint handling and resolution; and
 Provision of legal advice and assistance.
Better Planning: Better Futures
This section reflects how the Commission actively supports the Western Australian Government’s objective to
improve the quality of life for all Western Australians contained in the five strategic goals of the State
Government’s Better Planning: Better Futures – A Framework for the Strategic Management of the Western
Australian Public Sector:
1.
2.
3.
4.
5.
Better services
Jobs and economic development
Lifestyle and the environment
Regional development; and
Governance and public sector improvement
7
The Commission’s key contributions towards achieving these five goals during 2006/07 are outlined below.
GOAL 1 – BETTER SERVICES
Enhancing the quality of life and wellbeing of all people throughout Western Australia by providing high
quality, accessible services.
Substantive Equality
 Substantive equality recognises that entitlements, opportunities and access are not equally distributed
throughout the community and there may be barriers to service provision resulting in unequal
outcomes for particular groups.
 It acknowledges that where service delivery agencies tailor services to the needs of the majority
group, other people with different needs may not receive essential services.
 Achieving equity in the provision of services, therefore, is not always about treating people the same,
it is about treating people differently in order to cater for different needs.
 The Commission has committed to implementing substantive equality in the two divisional areas of
Conciliation Services and Policy & Evaluation.
The Commission promotes a safe, strong and vibrant community and provides a reliable and
sustainable supply of essential services.
 The Equal Opportunity Act 1984 promotes equality of opportunity in Western Australia and provides
remedies in respect to discrimination on the grounds of sex, marital status, pregnancy, sexual
orientation, family responsibility or family status, race, religious or political conviction, impairment
or age, or involving sexual or racial harassment or, in certain cases, on gender history grounds.
Community Education and training
 Through its education and training programs the Commission promotes the importance of a safe and
secure workplace that is free from discrimination and harassment. Training programs focus on
preventative strategies that individuals, small business and organisations can implement to ensure
they provide a culture that is inclusive of all employees and co-workers. Rights-based and outreach
programs provide information to community groups on their rights under the Equal Opportunity Act
1984.
 In the Commission’s training sessions with both Aboriginal and mixed profile groups training staff
highlight the importance of the special measure provisions of the legislation and the differences
between formal equality (treating everyone the same) and substantive equality (treating people
differently because of their different needs and different past experiences).
Complaint handling
 Conciliation and Legal Officers assist complainants and respondents to resolve allegations of
unlawful discrimination within the jurisdiction of the Equal Opportunity Act 1984. Many
complainants have a disability or are sole parents, are elderly, from non-English speaking
backgrounds or of Aboriginal or Torres Strait Islander descent and are considered to be among the
most vulnerable members of the community.
 Clients can submit complaints, responses and other documents in languages other than English.
These documents are then professionally translated. In addition correspondence to enquirers,
complainants and respondents are translated into languages other than English, as required.
 By helping Aboriginal and Torres Strait Islander people access the Commission’s services,
Commission officers have enabled them to proceed with claims of discrimination at little or no
expense to themselves, in circumstances where they could otherwise not have an avenue of redress.
 During 2006/07 Serbian and Cantonese interpreters were used, as well as sign language (AUSLAN)
interpreters on a number of occasions.
Substantive Equality
 The Substantive Equality Unit is implementing the State Government’s anti-racism strategy across
the public sector.
8
Housing project

The partnership between the Commission and the Department of Housing and Works, following the
release of the Finding a Place report, has resulted in the development of a framework that will
provide improved housing services to Indigenous people throughout Western Australia.
GOAL 2 - JOBS AND ECONOMIC DEVELOPMENT
Creating conditions that foster a strong economy delivering more jobs, opportunities and greater wealth for
all Western Australians.
Employment practices
 The Commission’s conciliation officers help to conciliate complaints that relate to discrimination in
the area of employment. As in previous years two thirds of complaints received related to
employment.
 The Commission’s Legal Officers helped those complainants whose complaints were unable to be
conciliated and were subsequently referred to the State Administrative Tribunal, by producing
submissions and legal arguments regarding a range of issues affecting disadvantaged groups in the
workplace.
 The Commission produced the book Are you getting it right? - A guide for employers and
recruitment agents to support the goal of fair workplace practices.
Race discrimination
 In 2006/07, 26.4% of all new complaints were racially based, involving either race discrimination or
racial harassment, with 15.3% of all complaints in the area of employment racially based.
By providing an avenue of redress for members of the community who allege they have been
discriminated against on the ground of race discrimination or racial harassment in employment,
through conciliation and/or the legal process, the Commission promoted diversified employment
opportunities for Indigenous peoples and for others from culturally diverse backgrounds.
 The Commission’s training program, particularly courses attended by employers, emphasised the
need for non-discriminatory recruitment and workplace practices that promote free and fair trade and
industry.
GOAL 3 – LIFESTYLE AND THE ENVIRONMENT
Protecting and enhancing the unique Western Australian lifestyle and ensuring sustainable management of the
environment.
The Commission works to ensure it minimises its impact upon the environment.
 The Commission continued its participation in the Government’s recycling program by recycling all
waste paper, toner cartridges and using a minimum of 50% recycled content in all our publications
(for example in the Commission’s newsletters, brochures and the 2007 reprint of the Commission’s
popular Reference Guide) where appropriate. During 2006/07 1100 kilograms of waste paper was
recycled.
GOAL 4 – REGIONAL DEVELOPMENT
Ensuring that regional Western Australia is strong and vibrant.
Working to ensure regional communities are educated, diversified and protected, and that the
Commission’s decision-making takes account of regional issues.
 The Commission conducted training courses, information sessions, and community forums in
regional and remote centres throughout the State to provide information about the Act. A new
strategy was implemented this year, involving scheduling of free rights-based training to concur with
customised fee-for-service training being conducted in regional centres.
 The Commission’s Conciliation and Legal Officers achieved success in resolving discrimination
complaints lodged by people in the regions, particularly Aboriginal and Torres Strait Islander people,
holding conciliation and mediation conferences outside the metropolitan area, using teleconference
facilities in regional centres.
9

The Commission provides an enquiry service between 9am and 4pm Monday to Friday, with staff
rostered to answer any queries the public may have in relation to equal opportunity issues, including
the grounds and areas under the Act. A toll free telephone service is available for people living in
regional and remote areas of the State. If not covered by the Act, where appropriate, they are referred
to the appropriate agency, government or non-government authority.
GOAL 5 – GOVERNANCE AND PUBLIC SECTOR IMPROVEMENT
Developing and maintaining a skilled, diverse and ethical public sector serving the Government with
consideration of the public interest.
A skilled and capable public sector workforce.
 Staff development continues to be a priority with staff attending in-house and external training
sessions to enhance their skills and knowledge, as required.
A whole-of-government approach to planning and decision-making.
 During 2006/07 the Commission’s Legal Officers continued to provide high quality legal assistance
and information to individuals, government and non-government bodies within the scope of the
Equal Opportunity Act 1984.
A public sector that is responsive to the evolving needs of the community.
 Both the legal and the community education sections of the Commission work closely with nongovernment agencies that provide important advocacy services to disadvantaged people.
 The Commission’s legal section continued its arrangement with a number of private law firms
through which legal advice and assistance was provided to selected complainants on a pro bono
basis.
The arrangement is mutually beneficial in that the demands on the Commission’s resources are
reduced while affording private legal practitioners the opportunity to advocate in the antidiscrimination jurisdiction.
10
2
AGENCY PERFORMANCE: REPORT ON
OPERATIONS
The Commission delivers its services through its two outcome areas:
Outcome 1: Provision of information and advice regarding equal opportunity and human rights by:
 Community Education
o Promoting recognition, awareness and acceptance
o Communicating equality of opportunity to potential complainants and the non-government
sector
 Publications
 Special events and activities
Outcome 2: Provision of avenues of redress for unlawful discrimination and unreasonable treatment by:
 Enquiry services
 Conciliation services
 Substantive equality project
 Special projects
o Review of the Equal Opportunity Act 1984
o Finding a Place – The Housing Rights Project
These output areas are aligned to achieve strategic government objectives, as outlined in the Performance
Management section of this report.
This chapter details our performance in each of these output areas during 2006/07.
11
Community Education
Promoting recognition, awareness and acceptance
The Equal Opportunity Commission continued to promote the objects of the Equal Opportunity Act 1984 and
enhance community awareness through a range of education initiatives and strategies. These strategies
included:
 delivering talks, information and training sessions throughout Western Australia including the
presentation of papers and workshops at major conferences
 helping employer organisations with pro-active, preventative strategies to meet their policy
objectives regarding equal opportunity law; and
 developing specialised educational materials and publications to support community education
initiatives.
Table 1: Education sessions
2004/05 to 2006/07
Description
2004/05
2005/06
2006/07
27
21
23
123
135
166
Presentations
57
55
52
Guest Speaker
17
27
28
Community Worker Forums
9
1
2
Outreach
8
19
61
241
258
332
Calendar series of courses
Customised courses
Total
During 2006/07 the Commission conducted 332 education and training sessions, guest speaker engagements
and outreach programs. This represents a 28.7% increase from the previous year and a 37.8% increase from
the 2004/05 financial year.
This figure also includes training, educational and outreach programs held on Christmas and Cocos (Keeling)
Islands in June 2007, a service which maintains a long-standing delivery arrangement between the State and
Commonwealth Governments.
Of the 61 outreach programs provided during 2006/07, 13 were conducted on Christmas Island, 11 on Cocos
(Keeling) Island, 17 in Kalgoorlie and six (6) each in Geraldton and Wiluna. This represents a significant
improvement over the previous year when 19 outreach programs were offered to regional communities
throughout the State and on Christmas and Cocos (Keeling) islands.
This increase is the result of a proactive, planned strategy on the part of the Commission to provide local
communities with free outreach programs whenever Commission staff visit a non-metropolitan location to
provide fee-for-service training courses.
Information gathered from training session participants is used to evaluate the effectiveness of the training
sessions.
Of the 2269 participants who completed post-training questionnaires in 2006/07, 98.2% said they would be
able to use what they had learned during the training session in their work and daily lives and 97% stated they
would recommend the Commission’s training courses to their colleagues.
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Training programs for employers and service providers
Training programs for small and large organisations and business and service providers were conducted on a
fee-for-service basis. Such training included:
 responding to requests for customised training within individual workplaces and developing courses
to meet specific organisational requirements
 delivering a calendar of training courses for employers and service providers to increase awareness of
equal opportunity law, vicarious liability and identifying discriminatory behaviour, policies and
procedures
 helping employers, equity and human resource practitioners to develop workplace cultures that
prevent discrimination, harassment and victimisation
 facilitating the integration of equal opportunity principles into organisational programs, policies,
procedures and planning
 helping employers deal with enquiries and complaints within their organisation through contact,
equity or grievance officer training.
The Commission’s trainers routinely prepare summary reports of training evaluations to measure the
effectiveness of training, its content, learning methodology and facilitation style. Courses are constantly
revised and update to meet the changing needs of clients.
Customised and specialist training
To ensure an organisation’s training program is developed appropriately and effectively, the Commission
expects organisations to complete some essential preparatory work prior to training being confirmed.
Organisations are required to have an up-to-date equal opportunity policy and grievance procedures so that:
 the trainer can direct any employee enquiries and complaints that may result from the training session
to the organisation’s internal procedures, should the employee choose this option; and
 contact officers, grievance officers, managers and supervisors who have a role to play in handling
complaints will feel confident that equal opportunity enquiries will be handled in a fair, sensitive,
prompt and confidential manner, free from victimisation.
The Commission’s officers provide informal comment and suggestions on organisations’ policies and
procedures to ensure they are up-to-date and conform to the requirements of equal opportunity law. The
number of customised, fee-for-service training sessions held by the Commission continues its upward trend.
Over the past three years customised fee-for-service training sessions have increased from 48 in 2003/04, to
166 in 2006/07.
During the same time period the number of participants in customised course more than trebled from 868
participants in 2005/04 to 2618 in 2006/07.
As in past years Equal Opportunity Law – an Introduction was the most popular of the customised or
externally offered courses, with 1521 participants attending 96 sessions.
In an interesting development the second most popular customised course was Workplace Culture: Bullying
and Harassment which attracted 476 participants in 31 sessions.
The second most popular course in 2005/06, Equal Opportunity Law and the Role of the Manager/Supervisor,
was relegated to third place in 2006/07 with 207 participants attending 15 sessions.
The Commission delivered customised training to a wide range of organisations. Some of these included:
 Articles Training Program
 City of Armadale
 City of Mandurah
 Dental Health Services (WA)
 Department of Corrective Services
 East Perth Redevelopment Authority
 Forest Products Commission
 Fremantle Ports
 Healthway
 Hoyts Cinemas
13
















Iluka Resources
Landgate
Murdoch University
Midwest Corporation Pty Ltd
Newmont Australia
Origin Energy Resources
Pathway Medical Laboratories
Port Hedland Regional Hospital
Prime Health Group
Public Transport Authority
Public Trust Office
Royal Perth Hospital
Shire of Augusta-Margaret River
St John of God Hospital
WA Country Health Service; and
West Coast College of TAFE.
Feedback obtained from the training evaluation surveys completed at the end of training sessions indicates the
Commission’s programs were well received by participants and provided practical strategies for dealing with
issues of discrimination in the workplace.
Some comments from these participants are reproduced below:
 Good case examples used (trainer) is very friendly and open to discussion with the group
 Trainer was very knowledgeable, good use of visuals and good use of examples and case studies
 Trainer was excellent and it was good to hear about other States and federal legislation – succinct,
good handouts
 Very good! – showed real life examples from current newspaper articles
 Trainer was very clear on all topics and it was useful for everyone to understand what is and is not
acceptable from the Equal Opportunity Commission’s viewpoint
 Fantastic, very knowledgeable facilitator, and all the subjects covered would be useful to everyone in
a workplace
 Extremely informative, easy to apply, people would have walked away from this course with a
greater awareness of equal opportunity rights and obligations
 Trainer used clear, simply language and attempted to engage audience, she was very respectful
 It was a relaxed and informative training session, and (trainer) encouraged group participation
 This training session will help me understand and apply equal opportunity law
 Effective and informative
 Always handy to know what you can and can’t do with fellow work colleagues
 Trainer was very knowledgeable on all subjects, was able to answer all our questions
 Course provided good, clear guidelines
 Practical and interactive – excellent
 A comprehensive course and well worth the time.
14
Calendar training courses
The Commission continued its calendar courses in 2006/07 with 23 half, full-day and two-day courses
attended by employees, managers, employee relations, human resources and equal opportunity practitioners.
The courses were:







Equal Opportunity Law - An Introduction
The Contact Officer Role
Equity Complaint Handling
Equal Opportunity Law and the Role of the Manager/Supervisor
Managing Staff Recruitment and Selection
Educating Staff; and
Workplace Culture: Bullying and Harassment.
The calendar series of fee-for-service courses are offered to mixed profile participants at the Commission
premises.
Of the 239 participants who attended training sessions held at the Commission 56.1% classified themselves as
para-professionals and 17.2% as human resource practitioners. Participants worked in all industry sectors,
with 40.2% from government administration.
As in previous years the most popular of the Commission-based courses was Equal Opportunity Law – an
Introduction, with 91 participants attending eight (8) half-day sessions.
The second most popular of the calendar courses, again as in previous years, was The Contact Officer Role
with 48 participants attending four (4) one-day sessions.
Organisations attending included wide a range of industries, including:
 accommodation, cafes and restaurants
 agriculture, forestry, fishing
 construction
 corrective services
 cultural and recreational services
 education
 electricity, gas and water supply
 finance and insurance
 government administration
 government administration – defence
 health and community services
 manufacturing
 mining
 personal and other services
 police services
 property and business services; and
 transport and storage.
Communicating equality of opportunity to potential complainants and the nongovernment sector
Aboriginal and Torres Strait Islander outreach program
Aboriginal and Torres Strait Islander (ATSI) people continue to face discrimination on a daily basis in many
areas of public life including employment, tenancy applications and services offered to the general public.
Outreach programs aim to deliver culturally appropriate education initiatives to ATSI people, communities,
representative organisations and particular groups who face similar issues because of their geographic
isolation.
15
This financial year staff visited Bunbury, Cue, Geraldton, Kalgoorlie/Boulder, Meekatharra, South Hedland
and Wiluna to meet with community representatives, take enquiries and host workshops for Indigenous
people.
To promote human rights and equal opportunity, the Commission produced a 2007 Aboriginal and Torres
Strait Islander Calendar. The calendar’s border and background graphics were inspired by the Kimberley and
the central artwork, a handprint, is the Nyungar sign for ‘Listen’. The theme of the calendar was the same as
last year, that being ‘You don’t have to put up with Discrimination’.
The 4000 copies of the calendar were distributed throughout the State to Aboriginal organisations, regional
offices of government agencies and at events such as Survival Day and International Women’s Day. Others
were sent to individuals and organisations on request, with a copy available for download from the
Commission’s website.
Christmas Island and Cocos (Keeling) Island outreach
Under the service delivery arrangement between the State and Commonwealth, the Equal Opportunity Act
1984 covers the Indian Ocean Territories of Christmas and Cocos (Keeling) Islands.
Commission staff visited Christmas Island and Cocos (Keeling) Island in June 2007 and during this visit:











Provided customised training sessions to Christmas Island Phosphates and the Indian Ocean
Territories Shire of Christmas Island (staff and management) and Shire of Cocos (Keeling).
Attended a meeting with the Imam and the Christmas Island Islamic Council, and met with the
Islamic Council on Cocos (Keeling) Island.
Participated in discussions with a range of community organisations on the provisions of the Equal
Opportunity Act 1984 and the meanings of unlawful discrimination.
Liaised with administrative bodies, employer groups and unions to provide an overview of the Equal
Opportunity Act 1984, the role and function of the Commission, vicarious liability provisions and
preventative strategies for workplaces.
Conducted forums on proposed racially offensive behaviour legislation to the Chinese and Malay
communities of Christmas Island.
Conducted an Equal Opportunity Law – an Introduction training session for Indian Ocean Health
Service staff on Cocos (Keeling) Island.
Conducted a similar forum on racially offensive behaviour to the Cocos (Keeling) Malay community
and local business, community and government representatives.
Conducted three information sessions for Christmas Island High School students and staff.
Conducted two information sessions for Cocos (Keeling) District High School students and staff.
Handled enquiries on both Christmas and Cocos (Keeling) Islands; and
Co-ordinated follow-up training sessions to be held on Christmas Island and Cocos (Keeling) Island
during the second half of 2007.
Rights-based education
Rights-based education utilises a human rights framework and focuses on engaging categories of potential
complainants who have little access to information about their rights and how to exercise those rights. The
broad aim of rights-based education is to build awareness and understanding about human rights and provide
participants with the skills to exercise those rights in Western Australia.
These training sessions are delivered free of charge to help those most likely to experience discrimination and
to help their advocates understand the scope of the law, their rights and the Commission’s complaint process.
In 2006/07, 1917 participants attended 52 free presentations, representing a 31.9% increase in the participation
rate compared with the previous year.
Demand for rights-based education came mainly from the not-for-profit community sector; distinct
communities such as ethnic minorities, people with disabilities and refugees; schools; TAFE; universities and
trade unions.
The Commission hosted a Community Workers’ Forum at the City of Swan attended by 25 participants, titled
Human Rights and Non-Discriminatory Community Service Delivery.
16
The Commission also co-hosted a Community Workers Forum with the Tenants Advice Service (Inc), entitled
Equal Opportunity Law Awareness.
Organisations with whom the Commission worked in partnership to deliver customised human rights
education include:
 Ethnic Disability Advocacy Centre
 People with Disabilities (WA) Inc
 Tenants Advice Service Inc
 Department of Immigration and Multicultural Affairs
 Aboriginal Legal Service.
Publications
The Commission issue a range of publications to provide up-to-date information about the Equal Opportunity
Act 1984.
During 2006/07 the Commission produced a variety of publications, including:
 Discrimination Matters: A quarterly newsletter of which 3000 copies are printed and distributed each
edition plus several hundred copies distributed by email. It is also posted on the website.
 The popular Reference Guide was reprinted in early 2007. This is an up-to-date guide to the Equal
Opportunity Act 1984, written in plain English, which broadly outlines how the Act is administered;
the meanings of direct and indirect discrimination and the grounds and areas of public life covered. It
also contains an explanation of each ground of unlawful discrimination, and where protection is
provided and details other behaviours or actions that are unlawful under the Act. It describes a
complaint and explains exceptions for each ground of unlawful discrimination, and how to obtain an
exemption or interim order from the State Administrative Tribunal.
Each person attending a Commission training course is provided with a copy of the Reference Guide, and the
feedback has been overwhelmingly positive. It has also been distributed free of charge to any individual
and/or organisations seeking more comprehensive information than that provided in the Commission’s
brochures on individual grounds of the Act.

During 2006/07 the Commission published Are you getting it right? – a guide for employers and the
recruitment industry. The guide targets ‘people who hire people’, that is those working for
recruitment agencies, labour hire firms, small and large businesses and those employed in the broader
human resources field. In summary, the guide targets anyone involved in any aspect of the
recruitment process, who are committed to a fair and open recruitment process, who want to ensure
they comply with Western Australia’s Equal Opportunity laws and those who want to exercise best
practice and do better than the minimum required of them.

The report into the first review of the Equal Opportunity Act 1984 was presented to the Attorney
General the Honourable Jim McGinty in May 2007. The review attracted nearly 600 individual and
90 organisational submissions and recommended sweeping changes to the Act. These include the
introduction of a number of new grounds of unlawful discrimination, amendment to existing grounds
and areas, and the introduction of a gender duty in the public sector.

The annual Aboriginal and Torres Strait Islander Calendar was based on the ‘You don’t have to put
up with Discrimination’ theme adopted for the previous year’s calendar.

Training calendars outlining general training programs provided by the Commission were published
six monthly; and

Brochures on various grounds of the Act were updated as required.
All of the Commission’s publications can be accessed on the Commission’s website.
During 2006/07 Commission literature, including complaint forms, were sent to 882 or 28.8% of enquirers.
After a major revision of the Commission’s publications in the 2004/05 financial year there has been a
consistent increase in the proportion of the Commission’s clients, namely training and presentation
participants, complainants and respondents, who state in survey forms that they find the Commission’s
publications useful.
17
In 2003/04, 81.9% of clients who returned the survey said they found the Commission’s publications useful,
and this increased to 96.5% in 2004/05, 97.2% in 2005/06 and 98% in 2006/07.
Communications online
 The Commission’s website continues to increase its role as a source of information about the Equal
Opportunity Act 1984 and the services provided by the Commission. All new and revised
publications are available on the website in both text and PDF formats. Materials are also translated
into community languages.

All publication requests are referred to the Commission’s website, where appropriate. In 2006/07
Commission staff referred 596 (19.5%) enquirers to the Commission’s website.

The website received 40,259 unique visitors in 2006/07. This represents a 10.62% increase from
2005/06 and a 25.3% increase from 2004/05.

The Commission’s new look website www.eoc.wa.gov.au, launched in mid-2005, was developed to
comply with WA Government website guidelines. It provides improved access for people with
disabilities and is undergoing a continuing process of improvement as the need and resources allow.
Special events and activities
The Commission undertakes a program of events and activities to promote the objects of the Act. These
include guest speakers, participation with other community organisations, staff development sessions and
partnerships in a range of projects, as well as making submissions to current enquiries relevant to the Act.
They are outlined below.
Workplace bullying
The Commission for Occupational Safety and Health Western Australia released two publications on bullying
in the workplace in September 2006:


a Guidance Note on how to deal with bullying at work, and
a Code of Practice on the prevention and management of workplace bullying.
The Equal Opportunity Commission translated the Guidance Note: dealing with bullying at work into
Traditional Chinese and Malay for clients on Christmas and Cocos (Keeling) Islands and are
available from the Community languages section of the Commission’s website.
WorkSafe and the Equal Opportunity Commission, in an effort to ensure a culture of zero tolerance
for violence and bullying behaviours in public sector workplaces co-hosted three, free information
sessions at Central TAFE in September 2006 to launch the two publications.
Same-sex discrimination enquiry
The Federal Human Rights and Equal Opportunity Commission (HREOC) held a community consultation into
its Same Sex Financial Benefits Inquiry at the Western Australian Equal Opportunity Commission in midAugust 2006. The Commission also made a submission to this enquiry.
Employment law
Commission officers were briefed on the impact of the new federal industrial relations legislation from:
 The Employment Law Centre (ELC) at the Commission in August 2006,
 The Workplace Advisory Service WA; and
 The WA Department of Consumer and Employment Protection and Wageline.
Gay Pride
Commission staff hosted an information stall at the Gay Pride Fair Day, held in Northbridge’s Russell Square,
in early October 2006, where information was distributed and enquiries answered.
Murdoch University Parliamentary Internship program
The Commission hosted a luncheon and information visit by participants of Murdoch University’s
Parliamentary Internship Program in early October.
18
Amendment to the Act – Racially Offensive Behaviour

Staff were briefed on the implications, for the Commission, on proposed legislative amendments on
Racially Offensive Behaviour in early December 2006.

The Equal Opportunity Amendment Bill 2006, which amends the Equal Opportunity Act 1984 to
include the new ground of Racially Offensive Behaviour, was passed by the Legislative Assembly in
March 2007.

developed a partnership with the Office of Multicultural Interests and State Security for the delivery
of forums to inform the community of proposed amendments to the Act involving Racially Offensive
Behaviour

hosted a series of nine community forums in the Perth metropolitan area for the Muslim, African,
Afghanistan and Chinese communities as well as sessions for Gowrie Community Services, Northern
Suburbs Community Legal Services, Tenants Advice Service and Department of Immigration and
Multicultural Affairs. The forums were attended by nearly 500 participants, and appropriate
interpreters were available as needed.

In partnership with the Tenants Advice Service (TAS), presented a seminar in East Perth titled Racial
Hatred Laws and Tenancy to mark the International Day of the Elimination of Racial Discrimination
in March 2007.
Community awareness

Undertook the 2006 Community Awareness Survey. Carried out every three years, this survey is a
key tool used by the Commission in designing its information and education strategies.

Commenced a series of public forums on racially offensive behaviour were held to inform recently
arrived communities - African and Muslim - about the proposed amendments to the Equal
Opportunity Act 1984.
Recruitment Guide
The Commission’s publication Are you getting it right? – a guide for employers and the recruitment industry
was launched at the Commission in late February 2007.
International Women’s Day
The Commission hosted its annual International Women’s Day breakfast at the Sheraton Hotel in Perth in
March 2007 with the event attended by 250 guests.
This year’s guest speaker was Professor Hilary Charlesworth, Director of the Centre for International
Governance and Justice and Professor of International Law and Human Rights at the Australian National
University (ANU) Canberra, who spoke on the topic Human Rights Laws – do they work?
Housing enquiry
A series of nine (9) regional community-based forums were hosted by the Commissioner to report back on
progress following the release of the 2004 report Finding a Place into discriminatory practices in the
provision of public housing and related services to Aboriginal and Torres Strait Islander people in Western
Australia.
These forums were held in Albany, Bunbury, Esperance, Geraldton, Narrogin, Northam and Katanning. Of
these, two (2) were followed by workshops on proposed amendments to the Act in relation to Racially
Offensive Behaviour. More forums and workshops are planned for 2007/08.
19
Conciliation Services
Handling enquiries and complaints
The Commission receives enquiries from members of the public, public sector agencies, non-government and
private organisations seeking information about the Equal Opportunity Act 1984, unlawful discrimination as
defined under the Act, the complaint handling process, rights and responsibilities of complainants and
respondents, community education and information on other services provided by the Commission.
Where allegations of unlawful discrimination are accepted by the Commissioner as complaints under the Act,
Commission officers investigate and attempt to conciliate those complaints.
This section:
 describes the number and nature of enquiries and complaints handled by the Commission
 provides demographic profiles of complainants and respondents; and
 details how complaints were finalised and resolved.
Answering enquiries
The Commission received 3112 enquiries during 2006/07. Of these:
 75.7% were made by telephone
 17.3% were made in writing
 5% were made in person; and
 2% were made by e-mail.
When compared with the previous financial year the number of telephone enquiries decreased by 10%,
continuing a downward trend over recent years.
Who made enquiries and what were they about?
The majority of enquiries received were from individuals, but some were also made by government
departments, non-government organisations, private businesses, students and trade unions.
Of the 3112 enquiries received in 2006/07:
 55.5% were made by women
 39% were made by men; and
 5.3% were made by a group or organisation.
These figures are similar to those received in 2005/06, when 53.4% of enquiries were made by women and
37% by men.
Of the 3112 enquiries received in 2006/07, 71.2% were about matters that fell within the jurisdiction of the
Equal Opportunity Act 1984. The remaining 28.8% of enquiries involved concerns that did not fall within the
scope of laws administered by the Commissioner. Where possible a referral to an appropriate agency or
organisation was provided to those enquirers.
Of the enquiries that fell within the jurisdiction of the Commission:
 38.7% concerned allegations or reports of discrimination
 24% were requests for information on rights from potential complainants
 5% were requests for information and advice on responsibilities and obligations under the legislation;
and
 15% of enquirers requested an explanation of equal opportunity legislation.
20
Table 2: Enquiries by ground
2004/05 to 2006/07
2004/0
5
%
2005/0
6
%
2006/0
7
%
Age
209
5.7%
189
5.5%
161
5.2%
Family Responsibility/Status
162
4.4%
165
4.8%
146
4.7%
Gender History
8
0.2%
13
0.4%
9
0.3%
Gender Identity
4
0.1%
4
0.1%
5
0.2%
514
14.0%
456
13.2%
488
15.7%
28
0.8%
25
0.7%
24
0.8%
4
0.1%
11
0.3%
9
0.3%
Pregnancy
137
3.7%
167
4.8%
97
3.1%
Race
432
11.8%
638
18.4%
511
16.4%
Racial Harassment
35
1.0%
21
0.6%
26
0.8%
Racial Offensive Behaviour
45
1.2%
12
0.3%
56
1.8%
Religious Conviction
43
1.2%
59
1.7%
43
1.4%
Sex
206
5.6%
214
6.2%
144
4.6%
Sexual Harassment
254
6.9%
183
5.3%
195
6.3%
Sexual Orientation
41
1.1%
32
0.9%
48
1.5%
Spent Conviction
11
0.3%
32
0.9%
21
0.7%
264
7.2%
299
8.6%
310
10.0%
Other
1268
34.6%
938
27.1%
819
26.3%
Total
3665
100.0%
3458
100.0%
3112
100.0%
Ground
Impairment
Marital Status
Political Conviction
All grounds
The five most common grounds of unlawful discrimination raised by those making enquiries were consistent
with trends in previous years, although the order varies from year to year. The five most common grounds for
2006/07 were:
 race (16.4%)
 impairment (15.7%)
 sexual harassment (6.3%)
 age (5.2%); and
 family responsibility/family status (4.7%).
21
Table 3: Enquiries by area
2004/05 to 2006/07
Area
2004/05
%
2005/06
%
2006/07
%
1948
53.2%
1791
51.8%
1601
51.4%
Access to Places
and Vehicles
44
1.2%
44
1.3%
51
1.6%
Accommodation
171
4.7%
143
4.1%
146
4.7%
Education
125
3.4%
105
3.0%
97
3.1%
44
1.2%
57
1.6%
47
1.5%
374
10.2%
573
16.6%
525
16.9%
Sports
9
0.2%
18
0.5%
10
0.3%
Land
6
0.2%
1
0.0%
2
0.1%
Public Place
0
0.0%
0
0.0%
26
0.8%
All Areas
301
8.2%
298
8.6%
289
9.3%
Other
643
17.5%
428
12.4%
318
10.2%
Total
3665
100.0%
3458
100.0%
3112
100.0%
Employment
Clubs
Goods, Services
and Facilities
As in previous years the three most common areas of public life where enquirers sought information about
unlawful discrimination were:
 employment (51.4%)
 goods services and facilities (16.9%); and
 accommodation (4.7%).
While enquiries about goods, services and facilities have been the second most common area of enquiry for
the past four financial years, the number of these enquiries increased significantly between 2004/05 and
2006/07, from 374 to 525 - a 40.4% increase.
22
Access to
Places and
Vehicles
Accommoda
tion
Education
Clubs
Goods,
Services and
Facilities
Sports
Land
Public Place
All Areas
Other
Total
87
5
24
3
4
31
1
0
0
4
2
161
105
2
8
3
2
19
1
0
0
2
4
146
Gender History
3
0
2
1
0
0
0
0
0
3
0
9
Gender Identity
1
0
0
0
0
1
0
0
0
1
2
5
290
16
18
27
4
107
2
0
0
12
12
488
10
1
6
2
1
3
0
0
0
1
0
24
5
1
0
0
0
3
0
0
0
0
0
9
93
1
0
1
1
1
0
0
0
0
0
97
182
11
46
18
3
200
3
0
2
29
17
511
17
0
4
1
0
2
0
0
0
0
2
26
2
3
2
0
0
6
0
0
21
12
10
56
Religious Conviction
22
1
1
3
2
9
0
0
0
2
3
43
Sex
94
2
2
2
17
22
0
0
0
0
5
144
Sexual Harassment
176
0
1
5
1
5
0
0
1
4
2
195
Sexual Orientation
26
0
3
3
2
8
0
0
0
4
2
48
Spent Conviction
19
0
0
0
0
1
0
0
0
0
1
21
All grounds
92
2
8
7
3
10
1
1
0
183
3
310
Other
377
6
21
21
7
97
2
1
2
32
253
819
Total
1601
51
146
97
47
525
10
2
26
289
318
3112
Ground
Employment
Table 4: Enquiries by ground and area
2006/07
Age
Family
Responsibility/Status
Impairment
Marital Status
Political conviction
Pregnancy
Race
Racial Harassment
Racially Offensive
Behaviour
Of the 1601 employment-related enquiries over half involved the five grounds of impairment, race, sexual
harassment, family responsibility/family status and sex.
 Of the 525 goods, services and facilities enquiries 38% involved race discrimination and 20.4%
impairment discrimination
 Of the 97 pregnancy related enquiries 95.9% involved the area of employment
 Of the 146 family responsibility/family status related enquiries 71.9% involved the area of
employment
23
While workplace bullying is not a ground of unlawful discrimination under the Equal Opportunity Act 1984
the Commission collected data on bullying-related enquires.
In 2006/07 4% of enquiries related to bullying and of these enquires 90% related to the area of employment.
This is an increase from the previous year when 2.8% of enquiries related to bullying and 84.5% of these
related to the area of employment.
Written enquiries and complaints
All written correspondence received at the Commission is reviewed and acknowledged by the Commissioner.
Where the written enquiry alleges unlawful discrimination or harassment, it is accepted by the Commissioner
as a complaint.
If the correspondence falls outside the Commission’s jurisdiction a letter is sent explaining why the matter
raised does not fall within the jurisdiction of the Act. Where possible the enquirer is referred to an appropriate
organisation for assistance.
In many cases the enquirer is asked to provide additional information so that a more informed assessment can
be made as to whether or not their concerns do come within the jurisdiction of the Act and can be accepted as
a complaint.
Table 5: Written enquiries converted to formal complaints
2004/05 to 2006/07
2004/05
%
2005/06
%
2006/07
%
Converted to a Complaint
46
8.0%
43
7.1%
24
4.8%
Total
46
8.0%
43
7.1%
24
4.8%
The Commission received 539 written enquiries in 2006/07 of which 77.4% were answered by a Commission
officer, 12.8% were referred to an appropriate government department or non-government organisation and
4.5% were converted into complaints. This compares with 7.1% of written enquiries being converted into
complaints the previous year.
There was a decrease in the number of enquiries referred to government departments, authorities or agencies,
from 11.9% in 2005/06 to 6.5% in 2006/07.
24
Handling complaints
Table 6: Number of complaints handled
2004/05 to 2006/07
Complaints Handled
2004/05
%
2005/06
%
2006/07
%
Complaints carried over from
previous financial years
362
44.3%
377
53.8%
197
23.1%
Complaints Received
456
55.7%
324
46.2%
656
76.9%
Total Handled
818
100.0%
701
100.0%
853
100.0%
Complaints Closed
441
53.9%
504
71.9%
479
56.2%
Complaints still under
investigation
377
46.1%
197
28.1%
374
43.8%
In January 2007, the Commission made a significant change to the way complaints and enquiries are accepted
and classified.
Before then the Commission would receive allegations of discrimination from an aggrieved person and assess
at the outset whether those allegations, on their face, disclosed an arguable breach of the Act. If so the
allegations would be classified as a ‘complaint’ for the purposes of s83 of the Act.
Sometimes, more information was requested from the person in order to better assess whether or not the
allegations constituted a complaint.
If an arguable breach of the Act could not be identified then the allegations were classified as an enquiry and
no investigation would proceed under s84.
This was the case, even if the aggrieved person had made assertions that he or she had been subjected to
discrimination or harassment. Such matters were then grouped with other enquiries the Commission routinely
receives, for example, requests for information and training. Some of these enquiries were later upgraded to
complaints.
From January 2007 the Commission decided to include in the category of complaint all those matters
previously excluded on the ground that no arguable breach of the Act had been identified or disclosed at the
outset.
This means if a person alleges that he or she has been discriminated against on one or more grounds, or in one
of the areas, under the Act then those allegations will now be accepted by the Commission as a complaint,
irrespective of how much supporting information is provided.
The significant change to the process of investigation is that should the Commissioner, after conducting an
investigation, determine that the complaint should be dismissed under s89 of the Act as lacking in substance,
or because it is misconceived, then the complainant has the right to have the matter referred to the State
Administrative Tribunal (SAT) for an inquiry.
Previously, these people had no such right because the Commissioner treated their allegations as an enquiry
rather than a complaint.
This decision to change the way complaints and enquiries are treated follows an examination of the
approaches taken by discrimination agencies elsewhere in Australia, when accepting enquiries and complaints.
25
It brings the Commission more into line with the majority of other jurisdictions and also reflects observations
made by the SAT in a decision handed down in 2006.
In 2006/07 853 complaints were handled by the Commission. This figure consists of 656 new complaints and
197 complaints carried over from the previous financial year.
Of the 853 complaints handled in 2006/07 479 (56.2%) were closed and 374 (43.9%) are still under
investigation.
The number of new complaints received by the Commission has more than doubled, from 324 in 2005/06 to
656 in 2006/07 as a result of the change in practice described above.
Table 7: Complaints by ground
2004/05 to 2006/07
Ground
2004/05
%
2005/06
%
2006/07
%
Age
35
7.7%
17
5.2%
53
8.1%
Family Responsibility
17
3.7%
19
5.9%
34
5.2%
Family Status
10
2.2%
5
1.5%
10
1.5%
1
0.2%
0
0.0%
2
0.3%
86
18.9%
68
21.0%
109
16.6%
Marital Status
8
1.8%
6
1.9%
8
1.2%
Political Conviction
2
0.4%
0
0.0%
1
0.2%
Pregnancy
25
5.5%
14
4.3%
25
3.8%
Race
91
20.0%
81
25.0%
135
20.6%
Racial Harassment
10
2.2%
13
4.0%
38
5.8%
7
1.5%
6
1.9%
11
1.7%
Sex
61
13.4%
29
9.0%
64
9.8%
Sexual Harassment
68
14.9%
40
12.3%
82
12.5%
Sexual Orientation
7
1.5%
6
1.9%
8
1.2%
Spent Conviction
0
0.0%
1
0.3%
4
0.6%
26
5.7%
19
5.9%
64
9.8%
2
0.4%
0
0.0%
1
0.2%
0
0.0%
0
0.0%
7
1.1%
456
100.0%
324
100.0%
656
100.0%
Gender History
Impairment
Religious Conviction
Victimisation
Victimisation - PID
Not specified
Total
26
During 2006/07 the most common grounds of alleged unlawful discrimination cited in complaints were:
 race (20.6%)
 impairment (16.6%)
 sexual harassment (12.5%); and
 sex discrimination (9.8%).
In 2006/07, 26.4% of all complaints involved either race discrimination or racial harassment, down slightly
from the 29% recorded in 2005/06.
Table 8: Complaints by area
2004/05 to 2006/07
Area
2004/05
%
2005/06
%
2006/07
%
301
66.0%
203
62.7%
432
65.9%
Access to Places and Vehicles
27
5.9%
12
3.7%
18
2.7%
Accommodation
26
5.7%
32
9.9%
48
7.3%
Education
12
2.6%
9
2.8%
9
1.4%
1
0.2%
4
1.2%
1
0.2%
86
18.9%
64
19.8%
138
21.0%
Sport
1
0.2%
0
0.0%
1
0.2%
Victimisation
2
0.4%
0
0.0%
0
0.0%
Not specified
0
0.0%
0
0.0%
9
1.4%
456
100.0%
324
100.0%
656
100.0%
Employment
Clubs
Goods, Services and Facilities
Total
Of the 656 complaints lodged in 2006/07, 432 (65.9%) involved the area of employment. In the area of
employment the most common ground of discrimination was sex and sexual harassment at 127 (29.4%),
followed by impairment at 69 (15.9%) then race and racial harassment at 66 (15.3%).
27
Accommodatio
n
Education
Clubs
Goods,
Services and
Facilities
Sports
Not specified
30
1
14
1
0
7
0
0
53
Family Responsibility
31
0
0
1
0
2
0
0
34
Family Status
9
0
0
0
0
1
0
0
10
Gender History
1
0
0
0
0
1
0
0
2
69
3
9
2
0
24
1
1
109
Marital Status
4
0
0
0
0
4
0
0
8
Political Conviction
1
0
0
0
0
0
0
0
1
Pregnancy
22
1
0
0
0
2
0
0
25
Race
31
13
19
3
0
68
0
1
135
Racial Harassment
35
0
1
0
0
2
0
0
38
8
0
1
0
0
2
0
0
11
Sex
45
0
0
0
1
18
0
0
64
Sexual Harassment
82
0
0
0
0
0
0
0
82
Sexual Orientation
5
0
0
0
0
3
0
0
8
Spent Conviction
2
0
0
1
0
0
0
1
4
56
0
3
1
0
4
0
0
64
1
0
0
0
0
0
0
0
1
0
0
1
0
0
0
0
6
7
432
18
48
9
1
138
1
9
656
Impairment
Religious Conviction
Victimisation
Victimisation – Public
Interest Disclosure Act
Not specified
Total
Total
Access to
Places and
Vehicles
Age
Ground
Employment
Table 9: Complaints by ground and area
2006/07
Of the 138 complaints (21% of total 656 complaints) that related to the provision of goods, services and
facilities, the most common ground of discrimination was race and racial harassment at 70 (50.7%), then
impairment at 24 (17.4%) and sex discrimination at 18 (13%).
Complaints of victimisation
As well as receiving complaints on the various grounds under the Equal Opportunity Act 1984, the
Commission receives complaints of victimisation lodged under s67 of the Act. This section of the Act renders
28
it unlawful to threaten or subject a person to any detriment because they have made a complaint of
discrimination, or propose to make a complaint of discrimination.
It is also unlawful to victimise someone who has provided information or proposes to provide any information
or documents to the Commission’s officers while they are performing any function under the Act.
Victimisation may also occur if someone is shown to have suffered any detriment because they have agreed to
appear or have appeared as a witness before the State Administrative Tribunal (SAT), if someone attempts to
assert the rights of another person under the Act or has made an allegation that a person has done something
that is unlawful under the Act.
The number of complaints on the ground of victimisation more than tripled this financial year, from 19 in
2005/06 to 64 in 2006/07. Of this number 56 involved the area of employment.
There was one complaint of victimisation lodged under the Public Interest Disclosure Act 2003 this financial
year, with none recorded last year.
Complainants
The Commission also collects information from complainants on a voluntary basis about their age, ethnicity,
and occupation, whether they speak a language other than English at home and whether they have a disability.
Of the 656 complainants who were surveyed in 2006/07, 600 returned completed questionnaires representing a
response rate of 91.5%. This is a significant increase on the 82.4% of complainants who returned completed
questionnaires in 2005/06.
Gender of complainants
Table 10: Complaints by gender of complainants
2004/05 to 2006/07
Gender
2004/05
%
2005/06
%
2006/07
%
Female
295
64.7%
186
57.4%
453
69.1%
Male
149
32.7%
136
42.0%
199
30.3%
12
2.6%
2
0.6%
2
0.3%
0
0.0%
0
0.0%
2
0.3%
456
100.0%
324
100.0%
656
100.0%
Mixed Group
Other (Transgender)
Total
Consistent with previous years the largest proportion of complainants was lodged by women (69.1%)
compared with men (30.3%), with the balance being a mixed group. A mixed group is where a number of
people joined to lodge the one complaint. This year’s figures showed a wider disparity between the gender of
complainants, with 57.4% being women and 42% men in 2005/06.
While the number of complaints lodged by men increased, from 136 in 2005/06 to 199 in 2006/07, this
represented a decline in the percentage figure, from 42% in 2005/06 to 30.3% in 2006/07.
29
Table 11: Complaints by ground and gender of complainants
2006/07
Female
Male
Mixed
Group
Other
(Transgender)
Total
%
Age
37
16
0
0
53
8.1%
Family Responsibility
28
6
0
0
34
5.2%
Family Status
7
3
0
0
10
1.5%
Gender History
1
1
0
0
2
0.3%
47
60
0
2
109
16.6%
Marital Status
6
2
0
0
8
1.2%
Political Conviction
0
1
0
0
1
0.2%
Pregnancy
25
0
0
0
25
3.8%
Race
91
42
2
0
135
20.6%
Racial Harassment
19
19
0
0
38
5.8%
7
4
0
0
11
1.7%
Sex
55
9
0
0
64
9.8%
Sexual Harassment
75
7
0
0
82
12.5%
Sexual Orientation
3
5
0
0
8
1.2%
Spent Conviction
2
2
0
0
4
0.6%
46
18
0
0
64
9.8%
1
0
0
0
1
0.2%
3
4
0
0
7
1.1%
453
199
2
2
656
100.0%
Ground
Impairment
Religious Conviction
Victimisation
Victimisation – Public
Interest Disclosure Act
Not specified
Total
In 2006/07, of the 453 complaints lodged by women, the most frequent grounds were:
 race discrimination (20.1%)
 sexual harassment (16.6%)
 sex discrimination (12.1%); and
 impairment discrimination (10.4%).
This differs slightly from last year when the most common grounds on which women lodged complaints were
race 26% (48), sexual harassment 17% (32), impairment 14.5% (27) and sex 12 % (22).
30
In 2006/07, of the 199 complaints lodged by men, the most frequent grounds were:
 impairment discrimination (30.1%)
 race discrimination (21.1%)
 racial harassment (9.5%) and
 victimisation (9%).
This differs slightly from last year when the most common grounds on which men lodged complaints were
impairment 29.4% (40), race 24.3% (33), age 9.5% and racial harassment 8.8% (12).
Women lodged a higher number of complaints than men in the following grounds:
 sexual harassment
 age
 sex
 race
 family responsibility
 family status; and
 marital status.
Men lodged a higher number of complaints than women in the following grounds:
 impairment; and
 sexual orientation.
Age of complainants
Table 12: Complainants by age
2004/05 to 2006/07
2004/05
Age
2005/06
2006/07
Number
%
Number
%
Number
%
1
0.2%
6
1.9%
5
0.8%
15 - 19
37
8.1%
14
4.3%
17
2.6%
20 - 39
194
42.5%
109
33.6%
319
48.6%
40 - 64
120
26.3%
103
31.8%
197
30.0%
65+
7
1.5%
13
4.0%
20
3.0%
Not applicable
0
0.0%
0
0.0%
0
0.0%
97
21.3%
79
24.4%
98
14.9%
456
100.0%
324
100.0%
656
100.0%
0 - 14
No survey returned or did
not respond to question
Total
Of the 600 complainants who did complete this section of the questionnaire 22 (3.7%) were less than 20 years
of age, compared with 20 (3.3%) the previous year.
31
There was a significant increase in the number of people in the 20 to 39 year old age bracket who returned
questionnaires, from 109 (40.8%) in 2005/06 to 319 (53.2%) in 2006/07.
While the percentage of complainants in the 40 to 64 year old age bracket declined from 38.6% in 2005/06 to
32.8% in 2006/07, the numerical number of complainants in this age bracket significantly increased from 103
to 197.
There was a similar result in the 65+ age bracket, with a percentage decline from 4.9% in 2005/06 to 3.3% in
2006/07 but a numerical increase from 13 to 20 complainants.
Aboriginal complainants by area
Table 13: Aboriginal complaints by area
2005/06 to 2006/07
2005/06
Area of Complaint
2006/07
Aboriginal
Other
Total
%
Aboriginal
Other
Total
%
13
190
203
62.7%
27
405
432
65.9%
Access to Places and
Vehicles
6
6
12
3.7%
10
8
18
2.7%
Goods, Services and
Facilities
24
40
64
19.8%
68
70
138
21.0%
Accommodation
28
4
32
9.9%
23
25
48
7.3%
Education
0
9
9
2.8%
0
9
9
1.4%
Clubs
0
4
4
1.2%
0
1
1
0.2%
Land
0
0
0
0.0%
0
0
0
0.0%
Sport
0
0
0
0.0%
0
1
1
0.2%
Victimisation
0
0
0
0.0%
0
0
0
0.0%
Not specified
0
0
0
0.0%
0
9
9
1.4%
71
253
324
100.0%
128
528
656
100.0%
Employment
Total
Of the 656 complaints lodged in 2006/07, 128 (19.5%) were lodged by Aboriginal complainants and the
balance by ‘other’.
However when looking at complaints by area, 55.6% of complainants in the area of access to places and
vehicles were Aboriginal; 49.3% in the area of goods, services and facilities; 48% in the area of
accommodation and only 6.3% in the area of employment.
While the proportion of Aboriginal complaints in 2005/06 remains fairly similar at 21.9%, 87.5% of
complainants in the area of accommodation were Aboriginal; 50% in the area of access to places and vehicles;
37.5% in the area of goods, services and vehicles and 6.4% in the area of employment.
32
Aboriginal complaints by outcome
Table 14: Aboriginal complaints by outcome
2005/06 to 2006/07
2005/06
82
295
377
Aboriginal
Other
Total
Dismissed
12
34
Lapsed
20
Withdrawn
2006/07
48
149
197
%
Aboriginal
Other
Total
%
46
6.6%
3
51
54
6.3%
51
71
10.1%
31
36
67
7.9%
5
69
74
10.6%
3
76
79
9.3%
Conciliation
36
130
166
23.7%
19
141
160
18.8%
Referred to State
Administrative Tribunal
32
115
147
21.0%
16
103
119
14.0%
Complaints Closed
105
399
504
71.9%
72
407
479
56.2%
Complaints Received
71
253
324
128
528
656
Still under investigation
48
149
197
28.1%
104
270
374
43.8%
153
548
701
100.0%
176
677
853
100.0%
Complaints bought forward
Outcome of Complaint
Total Handled
Of the 479 complaints closed in 2006/07, 72 (15%) were lodged by Aboriginal complainants and the balance
by ‘other’.
However when looking at complaints by outcome, 46.3% of lapsed complaints were lodged by Aboriginal
complainants in 2006/07, compared with 28.2% in 2005/06; 11.9% of conciliated complaints were lodged by
Aboriginal complainants compared with 21.7% the previous year; 3.8% of withdrawn complaints were lodged
by Aboriginal complainants compared with 7.2% the previous year and 5.6% of dismissed complaints were
lodged by Aboriginal complainants compared with 26.1% the previous year.
33
Birthplace and ethnicity of complainants
Table 15: Complainants by birthplace
2004/05 to 2006/07
2004/05
Birthplace
2005/06
2006/07
Number
%
Number
%
Number
%
212
46.5%
112
34.6%
268
40.9%
76
16.7%
71
21.9%
128
19.5%
Eastern Europe
5
1.1%
2
0.6%
9
1.4%
Middle East
1
0.2%
3
0.9%
7
1.1%
Northeast Asia
5
1.1%
2
0.6%
7
1.1%
Northern America
5
1.1%
1
0.3%
18
2.7%
Oceania and Antarctica
3
0.7%
9
2.8%
15
2.3%
Southeast Asia
8
1.8%
7
2.2%
20
3.0%
11
2.4%
5
1.5%
17
2.6%
Southern Asia
5
1.1%
2
0.6%
18
2.7%
Southern Europe
2
0.4%
6
1.9%
20
3.0%
United Kingdom
49
10.7%
37
11.4%
44
6.7%
Other
2
0.4%
9
2.8%
14
2.1%
Not applicable
0
0.0%
0
0.0%
0
0.0%
72
15.8%
58
17.9%
71
10.8%
456
100.0%
324
100.0%
656
100.0%
Australia - Non Aboriginal
Australia - Aboriginal
Southern and East Africa
No survey returned or did
not respond to question
Total
In 2006/07, of the 600 complainants who were surveyed and provided information about their birthplace:
 96 (66%) indicated they were born in Australia, compared with183 (68.5%) the previous year
 Of the 396 complainants who indicated they were born in Australia, 268 (67.7%) indicated they were
non-Aboriginal and 128 (32.3%) indicated they were Aboriginal. This compares 112 (42%) and 71
(26.6%) respectively in 2005/06.

44 (73.9%) of those who responded to this section of the questionnaire indicated they were born in
the United Kingdom or Ireland. This compares to the 37 (or 13.9%) of complainants who indicated
they were born in the United Kingdom or Ireland the previous year and the 49 (12.7%) in 2004/05.

Overall of the 600 complainants who returned the questionnaire 125 (20.8%) indicated they were
from an ethnic background in 2006/07, compared with 46 (17.2%) the previous year.

In 2006/07, 484 (73.8%) of all complainants lived in the metropolitan area, 160 (24.4%) lived in a
non-metropolitan area and 12 (1.8%) gave their residence as ‘other’.
34

Over the past three financial years there has been a steady percentile increase in the number of
complainants living in a non-metropolitan area, from 18.4% in 2004/05 to 21.6% in 2005/06 and
24.4% this financial year.
Complainants by occupation
Table 16: Complainants by occupation
2004/05 to 2006/07
2004/05
Occupation
2005/06
2006/07
Number
%
Number
%
Number
%
102
22.4%
71
21.9%
164
25.0%
Student
33
7.2%
16
4.9%
38
5.8%
Retired
3
0.7%
2
0.6%
5
0.8%
Pensioner
15
3.3%
27
8.3%
29
4.4%
Homemaker
19
4.2%
13
4.0%
32
4.9%
174
38.2%
102
31.5%
268
40.9%
0
0.0%
0
0.0%
0
0.0%
110
24.1%
93
28.7%
120
18.3%
456
100.0%
324
100.0%
656
100.0%
Looking for work
In paid employment
Not applicable
No survey returned or did
not respond to question
Total
Of the 600 complainants who did complete this section of the questionnaire 268 (44.7%) indicated they were
in paid employment; 164 (27.3%) were looking for work; 38 (6.3%) were students and 29 (4.8%) were
pensioners.
35
Complainants with a disability
Table 17: Complainants by disability
2004/05 to 2006/07
2004/05
Disability
2005/06
2006/07
Number
%
Number
%
Number
%
Yes
67
14.7%
48
14.8%
90
13.7%
No
298
65.4%
188
58.0%
496
75.6%
0
0.0%
0
0.0%
0
0.0%
91
20.0%
88
27.2%
70
10.7%
456
100.0%
324
100.0%
656
100.0%
Not applicable
No survey returned or did
not respond to question
Total
Of the 586 (89.3%) of complainants who completed this section of the questionnaire in 2006/07, 90 (15%)
indicated they had a disability compared with 48 (18%) the previous year.
36
Respondents
Industry sector and size of respondent organisations
Using classifications developed by the Australian Bureau of Statistics the Commission collects information on
the industry or organisations against which complaints are lodged. This information helps the Commission
produce publications, conduct seminars and develop relevant, industry specific training programs.
Table 18: Complainants by industry
2004/05 to 2006/07
2004/05
2005/06
2006/07
Industry Type
Number
%
Number
%
Number
%
Accommodation/Cafes/Restaurants
57
12.5%
36
11.1%
76
11.6%
Agriculture/Forestry/Fishing
3
0.7%
4
1.2%
1
0.2%
Communication Services
8
1.8%
10
3.1%
11
1.7%
Construction
22
4.8%
9
2.8%
21
3.2%
Cultural and Recreational Services
25
5.5%
15
4.6%
15
2.3%
Education - Pre, School and Post
36
7.9%
29
9.0%
51
7.8%
Finance and Insurance
13
2.9%
9
2.8%
9
1.4%
Health and Community Services
41
9.0%
21
6.5%
55
8.4%
Manufacturing
20
4.4%
16
4.9%
18
2.7%
Mining
Personal and Other Services
including corrective and police
services
12
2.6%
12
3.7%
48
7.3%
55
12.1%
38
11.7%
114
17.4%
Property and Business Services
35
7.7%
41
12.7%
66
10.1%
Retail Trade
74
16.2%
34
10.5%
77
11.7%
Transport and Storage
32
7.0%
28
8.6%
39
5.9%
9
2.0%
7
2.2%
2
0.3%
14
3.1%
15
4.6%
53
8.1%
456
100.0%
324
100.0%
656
100.0%
Wholesale Trade
Other Industry
Total
In 2006/07, respondents with the highest number of complaints were from the following industries:
 153 (23.3%) were from the retail trade, accommodation, cafes and restaurants compared with 70
(21.6%) in 2005/06
 114 (17.4%) were from the personal and other services, including corrective centres, police and
unions compared with 38 (11.7%) the previous year
37

66 (10.1%) were from property and business services compared with 41 (12.7%) the previous year;
and

66 (10.1%) were from the mining and manufacturing industries compared with 28 (8.6%) the
previous year.
Table 19: Complaints by size of respondent’s organisation
2004/05 to 2006/07
2004/05
Size of Organisation
2005/06
2006/07
Number
%
Number
%
Number
%
28
6.1%
9
2.8%
12
1.8%
105
23.0%
25
7.7%
38
5.8%
20 – 99
99
21.7%
56
17.3%
105
16.0%
100 – 499
65
14.3%
47
14.5%
81
12.3%
120
26.3%
108
33.3%
242
36.9%
39
8.6%
79
24.4%
178
27.1%
456
100.0%
324
100.0%
656
100.0%
Less than 5
5 – 19
500+
Not known
Total
Analysis of respondent industries by organisational size shows:
 The number of respondent industries with between 5 and 19 staff has dropped markedly between
2004/05 and 2006/07. There were 105 (23%) respondent industries in this category in 2004/05, 25
(7.7%) in 2005/06 and 38 (5.8%) in 2006/07.
 The number of respondent industries with 500+ staff increased between 2004/05 and 2006/07. There
were 120 (26.3%) in 2004/05, 108 (33.3%) and 242 (36.9%) in 2006/07.

The number of respondent industries with an unknown number of staff has steadily increased
between 2004/05 and 2006/07. There were 39 (8.5%) in 2004/05, 79 (24.4%) in 2005/06 and 178
(27.1%) in 2006/07.
38
How complaints were finalised
Table 20: Outcome of complaints closed
2004/05 to 2006/07
2004/05
Outcome of Complaints
Closed
2005/06
2006/07
Number
%
Number
%
Number
%
46
10.4%
46
9.1%
54
11.3%
101
22.9%
71
14.1%
67
14.0%
Withdrawn
73
16.6%
74
14.7%
79
16.5%
Conciliation
140
31.7%
166
32.9%
160
33.4%
81
18.4%
147
29.2%
119
24.8%
441
100.0%
504
100.0%
479
100.0%
Dismissed
Lapsed
Referred to State
Administrative Tribunal
Total Complaints Closed
While the most frequent outcome is for complaints to be conciliated they may also be withdrawn at any stage
by the complainant, dismissed or lapsed by the Commissioner, or referred to the State Administrative Tribunal
(SAT) for determination where the parties do not agree to a resolution to the complaint.
The Commissioner may refer a complaint where she believes there is an arguable case or the complainant may
ask for a dismissed complaint to be referred to the SAT.
Of complaints resolved in 2006/07, impairment (23.1%) and sexual harassment (22%) were the most likely to
be conciliated; impairment (27.8%) and race (21.8%) dismissed; race (38.8%) and sexual harassment (19.4%)
lapsed; victimisation (19.3%) and race (13.5%) referred to SAT and impairment (21.5%) and sexual
harassment (19%) withdrawn.
Withdrawn complaints
Complainants can choose to withdraw their complaints for a number of reasons. Throughout the complaint
handling process conciliation officers discuss the strengths and weaknesses of a complaint with all parties. In
some instances complainants do not have sufficient evidence to substantiate their claim of unlawful
discrimination, and on that basis decide not to proceed with their complaint. In other cases complainants
choose to withdraw their complaint if they are satisfied with the respondent’s reply to their allegations or
following a conciliation conference.
There were 79 (9.3%) complaints withdrawn in 2006/07, similar to 2005/06 when 74 (10.6%) of complaints
were withdrawn.
Dismissed complaints
Under the Equal Opportunity Act 1984 the Commissioner may dismiss complaints that are found to be lacking
in substance, frivolous, vexatious or misconceived.
In 2006/07, 6.3% (54) of complaints were dismissed, similar to the 2005/06 figure of 6.6% (46). Of this
number 12 (22.2%) of the complainants requested the Commissioner to refer their complaint to the State
Administrative Tribunal for hearing under s90 of the Act.
39
Lapsed complaints
Complaints are considered to have lapsed when complainants abandon their complaint, or do not wish to
proceed with it and have not advised the Commissioner, in writing, as required under the Equal Opportunity
Act 1984. In some instances the Commission has been unable to maintain contact with the complainant and
after a period of time the complaint lapses. Before the Commissioner makes a decision to lapse a complaint,
the Commission’s officers attempt to make contact with the complainant either by letter or telephone, or a
combination of both. In other cases complainants do not continue with their complaints because they are able
to resolve the dispute themselves. Others are satisfied with the Commissioner’s correspondence to the
respondent and the respondent’s explanation.
Some complainants are disheartened by the onus of proof requirement that complainants support their
allegations with evidence such as witness statements and documents.
There were 67 (7.9%) complaints lapsed in 2006/07, compared 71 (10.1%) complaints lapsed in 2005/06.
Conciliated complaints
After seeking a written statement from the complainant and respondent, the Commission attempts a
conciliation process either by the parties attending a formal conciliation conference, participating in a
teleconference or negotiation through the exchange of letters and telephone conversations. Sometimes the
complainant and respondent meet privately and come to an agreement themselves. In some circumstances the
Commissioner can require the parties to attend a conference. Wherever possible a face-to-face conciliation
conference between the parties is held, facilitated by a Commission officer.
The aim of a conciliation conference is to give the parties an opportunity to discuss the complaint itself and,
where appropriate, the issues that led to it. Its aim is to help the parties find a fair and equitable way of
resolving the complaint. A conciliation conference provides an opportunity for the parties to reach an
understanding, although not necessarily agreement, about what happened.
In 2006/07 160 (33.4%) of complaints were resolved through conciliation, compared with 166 (32.9%) the
previous year and 140 (31.7%) in 2004/05.
Complaints referred to the Tribunal
Referral of complaints to the State Administrative Tribunal (SAT) can occur in one of two ways:
 the Commissioner may refer a complaint under s93 of the Act; or
 the complainant may refer the complaint themselves under s90 of the Act.
The Commissioner may refer a complaint to the Tribunal where she is of the view the complaint cannot be
resolved by conciliation, or has attempted to resolve the complaint by conciliation but has been unsuccessful,
or is of the opinion the nature of the complaint is such the matter should be referred to the Tribunal.
In 2006/07, 119 (14%) of total complaints were referred to the Tribunal by the Commissioner compared with
147 (21%) the previous financial year, a decline of 7%.
Where a complaint has been dismissed by the Commissioner the complainant, under s90 of the Act and within
21 days of the notice of dismissal, may require the Commissioner to refer the complaint to the Tribunal.
In 2006/07, 12 complaints were referred to the Tribunal at the request of the complainant, compared with 22
the previous year.
40
Types of outcomes in conciliated complaints
Outcomes negotiated during the conciliation of complaints include:
 introducing or improving equal opportunity policies or practices
 providing staff training programs on equal opportunity and discrimination

compensating for a specific loss, for example income or medical expenses

compensating for pain, suffering, hurt or humiliation

making and receiving an apology, and

making something available that was previously refused such as, accommodation, admission to a
course or access to a shop or nightclub.
It is common for one or more of these outcomes are negotiated in conciliation.
In 2006/07 the most common types of outcomes negotiated during the conciliation of complaints included:
 Apology (24.9%)
 monetary settlement (23.3%)

equal opportunity training (10.4%)

private settlement (8.4%)

respondent’s explanation satisfactory to complainant (8.8%)

policy change (4.4%)

provision of a reference (3.6%); and

provision of accommodation (3.2%).
As part of the Commission’s community education focus, case studies of complaints handled by the
Commission are provided in Appendix A. These case studies demonstrate the various outcomes of complaints
lodged with the Commission.
Time taken to close complaints
Table 21: Time taken to close complaints
2004/05 to 2006/07
2004/05
Outcome of Complaints
Closed
2005/06
2006/07
Number
%
Number
%
Number
%
0 - 6 months
212
48.1%
177
35.1%
317
66.2%
7 - 12 months
145
32.9%
188
37.3%
115
24.0%
13 - 18 months
37
8.4%
77
15.3%
34
7.1%
19 - 24 months
12
2.7%
35
6.9%
5
1.0%
2 years or more
35
27
5.4%
8
1.7%
504
100.0%
479
100.0%
Total
441
7.9%
100.0%
Of the 479 complaints closed in 2006/07, 317 (66.2%) were closed within six months comparing favourably
with the 177 (35.1%) closed in 2005/06.
Of the complaints closed this year, 115 (24%) were closed between seven (7) and 12 months, and when
looking at both these figures it means that 432 (90.2%) of complaints were closed within the 2006/07 year.
41
This represents a 24.6% improvement in the number of complaints finalised this year, when comparing the
results of the 2005/06 and 2006/07 financial years.
There has also been a significant drop in number of complaints that remain outstanding after 12 months, from
139 (27.6%) in 2005/06 to 47 (9.8%) in 2006/07.
The Commission’s complaint handling process continues to be reviewed with the aim of helping the parties
move through the process expeditiously.
Provision of legal assistance
Legal assistance was provided to complainants whose complaints were referred to the State Administrative
Tribunal for determination, by the Commissioner, pursuant to s93 of the Equal Opportunity Act 1984.
The Commissioner can only provide assistance to those complainants whose complaints have not been
dismissed under s89 of the Act.
Table 22: Number of matters referred by Commissioner
2004/05 to 2006/07
2004/05
Legal Assistance
2005/06
2006/07
Number
%
Number
%
Number
%
54
60.0%
28
29.8%
32
38.1%
1
1.1%
2
2.1%
1
1.2%
Number of matters referred by
the Commissioner each
financial year
32
35.6%
62
66.0%
49
58.3%
Number of appeals to the
Supreme Court or Exemption
Orders received each financial
years
3
3.3%
2
2.1%
2
2.4%
90
100.0%
94
100.0%
84
100.0%
Number of matters referred by
the Commissioner and carried
over from previous financial
years
Number of appeals to the
Supreme Court or Exemption
Orders carried over from
previous financial years
Total number of matters
handled each financial year
The number of matters referred by the Commissioner during 2006/07 declined compared with the previous
year, from 62 (66%) in 2005/06 to 49 (58.3%).
42
Table 23: Outcome of matters referred by Commissioner
2004/05 to 2006/07
2004/05
Outcome of Matters
2005/06
2006/07
Number
%
Number
%
Number
%
6
6.7%
9
9.6%
6
7.1%
Settled before hearing by Legal
Officers
15
16.7%
22
23.4%
18
21.4%
Settled at Tribunal mediation by
Legal Officers
29
32.2%
19
20.2%
24
28.6%
Upheld by the Tribunal
0
0.0%
1
1.1%
0
0.0%
Dismissed by the Tribunal
6
6.7%
1
1.1%
0
0.0%
Discontinued Assistance
2
2.2%
6
6.4%
5
6.0%
Number of matters heard and
decided by the Supreme Court
1
1.1%
0
0.0%
0
0.0%
Number of Writ of Summons,
Interim Appeals finalised and
Exemption Orders
1
1.1%
3
3.2%
0
0.0%
Total number of matters
finalised
60
66.7%
61
64.9%
53
63.1%
Number of matters referred by
the Commissioner and
outstanding at the Tribunal and
Supreme Court
30
33.3%
33
35.1%
31
36.9%
Total number of matters
handled each financial year
90
100.0%
94
100.0%
84
100.0%
Withdrawn
The number of matters resolved with the assistance of Legal Officers at mediation conferences and in other
negotiations, as a proportion of all matters finalised, increased slightly from 41 (67.2%) in 2005/06 to 42
(79.2%) in 2006/07.
The figures in Table 23 demonstrate that the Commission’s Legal Officers have been effective in maintaining
the proportion of matters finalised through mediation and negotiation, principles that the Commission and the
Tribunal consider are at the core of the Act’s objects. Legal Officers will have to maintain the emphasis on
negotiated outcomes in order to manage and contain the number of matters outstanding at the end of the
financial year.
The Commission has continued its relationship with the private legal sector, which has provided pro bono
legal assistance to selected complainants in the Tribunal. Special mention should go to the solicitors at Minter
Ellison Lawyers, who are particularly helpful in this regard.
43
Substantive Equality Project
If you want to treat me equally, you may have to be prepared to treat me differently.
The ‘Policy Framework for Substantive Equality’ (Policy Framework) is a strategy and an action plan that
summarises the approach required of departments represented on the Strategic Management Council to
implement substantive equality.
The Equal Opportunity Commission is also implementing substantive equality.
Substantive equality is one vital strand of an overall approach to equality of opportunity and places its
emphasis on systemic forms of race discrimination in public sector service delivery.
Through the Commission’s Substantive Equality Unit each participating department works towards five levels
contained within the framework, to ensure that their policies, practices and procedures do not present any
unintended, adverse impacts on Indigenous and ethnic groups.
Since the establishment of the SEU in early 2005, most government departments have started the
implementation process and embedded substantive equality into their strategic processes. They have
undergone a needs and impact assessment of nominated policies, practices and procedures.
In 2006/07 the Substantive Equality Unit conducted a total of 422 training sessions, presentations and
meetings, a 73.7% increase on the previous year. This overall figure includes two (2) training sessions,
compared with 16 in 2005/06; 15 presentations, compared with 14 the previous year and 405 meetings
compared with 213 in 2005/06.
This significant increase in meetings can be attributed to 2006/07 being the year Commission staff actually
started undertaking the needs and assessments with participating departments, as well as being the Unit’s first
complete financial year of operation.
The two (2) training sessions conducted in 2006/07 attracted 50 participants; with 342 participants attending
the 15 presentations and 1361 participants attending the 405 meetings.
Needs and Impact Assessment
The purpose of a Needs and Impact Assessment is to improve the work of service provision by revealing gaps
in specific services delivered by Government.
A Needs and Impact Assessment assesses policies, practices and procedures which are within the service
area/s negotiated annually with the Commissioner for Equal Opportunity and has two aims:
1.
2.
Identifies clients and their needs. This is a critical component of the assessment, because if a service
is unable to identify clients it is not possible to strategically plan for the appropriate delivery of
services to diverse groups.
Assessing services for their equality impact and considering what barriers may prevent certain groups
from accessing and receiving services.
The Needs and Impact Assessment also attempts to capture all major new initiatives, including changes to or
new policies, practices and procedures, before they are implemented.
The first step of the Needs and Impact Assessment process is an initial screening to assess the impact of the
policy or practice. If this initial screening reveals a major adverse impact on particular groups, a full
assessment is conducted.
For this financial year departmental policies, practices and procedures have undergone the initial screening
only.
44
Main achievements
Implementation of substantive equality continues a new strategic direction in public policy to review the
effects of practices and/or policies in order to determine their differential impact on Indigenous and ethnic
groups.
In this respect the SEU worked extensively with Departments to determine where implementation would
commence, by prioritising each Department’s functions and activities according to their relevance to
Indigenous and ethnic minorities, and or the presence of significant systemic forms of racism. Undertaking
such an exercise involved scoping out existing research, both internal and external to the Departments, which
revealed areas in which government services were failing to provide beneficial and equal outcomes to
Indigenous and ethnic minorities.
Significant substantive equality issues identified include:
 A failure to adopt appropriate descriptors in the collection of data, and the use of descriptors
irrelevant to the Australian context to manage and plan services. This means that where clients are
identified by reference to their Indigenous and ethnic minority status, many Departments don’t use
this information in service delivery planning and to provide strategic direction. This then raises the
question of why departments collect this data in the first place. In some cases it appears that data on
particular indicators are only collected for compliance reporting or funding requirements. What this
deficiency in the public sector data collection systems highlights is a tendency to treat differences the
same. This neglect to consider or appreciate the differing needs of Indigenous and ethnic minorities
from the majority of the community is fundamentally evidenced by the failure of data systems to
identify the needs of clients.
 Limited availability and use of interpreters in Indigenous languages for the delivery of services to
Aboriginal people for whom English can be the second, third or even fourth language. While an
Indigenous language is the first language for many, for others Aboriginal English, Pidgin, Kriol and
learner’s English is their first language. Although there are common lexical features between these
languages and standard Australian English, they differ markedly from each other in sounds or accent,
grammar, vocabulary, meaning, use and style.
The development of interpreting services in Indigenous languages, and the use of interpreters for
Indigenous people, has lagged behind the development of these services and their use for the delivery
of services to ethnic minority groups requiring language services.
A proposed model for an Indigenous interpreting service is currently the subject of an options paper
by the Commission. In the meantime, while acknowledging that a sufficient number of trained and
accredited interpreters are currently not available, government departments are advised to obtain the
services of the Kimberley Interpreting Service in Broome, Kununurra or Halls Creek, the Wangka
Mia Pilbara Aboriginal Language Centre in South Hedland or the Wanganyingurriapjurpa Aboriginal
Corporation in Kalgoorlie for Indigenous interpreters.
 A gap in training programs that identifies meanings of systemic discrimination and how this is
translated into practice at the service level.
The Commission is currently addressing this need by identifying the requirements needed in order to
develop standards for the accreditation of substantive equality in training. This initiative will
increase the overall clarity of equal opportunity, its meaning and application to public policy.
 The informed engagement and participation between service providers and service users as a means
of identifying the issues affecting Indigenous and ethnic groups and ensuring that methods are
effective in communicating these needs back to departments. This includes demonstrating how
consultation has influenced outcomes.
It is still the case that Indigenous and some ethnic minority groups face significant disadvantages in
accessing responsive and appropriate services that could contribute to systemic discrimination.
The Commission acknowledges the hard work and positive contribution of departments implementing
substantive equality and achieving this level of success. Working together the Commission and State
government departments have raised the equality standard in Western Australia by challenging the effects of
‘one size fits all’ policies, practices and procedures.
The levels contained within the framework are a benchmarking tool to gauge how far departments have come
in implementing substantive equality into the everyday functioning of the organisation.
45
There are five levels to work through and to achieve these departments must show they have a commitment to
implementing substantive equality; identify their clients and needs; set objectives and develop strategies to
meet those needs; monitor strategies and establish a review and evaluation process.
Progress of participating departments
Table 24: Substantive equality: Collective progress
120%
100%
80%
not completed
60%
completed
40%
20%
59%
6.9%
0%
Level 1 :
Commitment
to
implementing
the policy
framework
Level 3:
Level 2:
Setting
Identifying
clients and objectives and
developing
their needs
strategies to
meet needs
Level 4:
Monitoring
Strategies
Level 5:
Review and
Evaluation
This chart represents the collective progress of all participating departments within each Level of the Policy
Framework. The percentages shown represent the average proportion of the prescribed outcomes achieved by
all departments within Levels 1 to 5. The outcomes for Level 1 and Level 2 only are shown below as this
represents the current status of all Departments in implementing the Policy Framework.
In relation to Level 1, these outcomes refer to achievement of:
1.
2.
3.
4.
5.
The scope of implementation for each year negotiated annually with the Commissioner for Equal
Opportunity
A corporate and executive policy on the Policy Framework
An organisational structure for supporting the implementation of the Policy Framework
A clear communication strategy for informing and educating designated staff about the Policy
Framework
Resources and clear lines of responsibility for implementation of the Policy Framework
In relation to Level 2, the outcomes refer to:
1.
2.
3.
4.
5.
Effective consultation practices for Indigenous and ethnic groups as standard procedure
A clear understanding of the range of differences within and between Indigenous and ethnic groups
A clear understanding of service needs and barriers to service provision for Indigenous and ethnic
groups
Assessed policies that impact on service delivery to identify unmet need and any adverse impact on
different Indigenous and ethnic groups
Increased awareness and understanding of the needs of different Indigenous and ethnic groups
amongst designated staff.
46
Table 25: Substantive equality: Progress towards Level 1
Annually
negotiated with
the
Commissioner
for Equal
Opportunity the
scope of
implementation
for each year
A corporate
and
executive
policy on the
Policy
Framework
An
A Clear
Resources
organisational communication and clear lines
structure for
strategy for
of
supporting the informing and
responsibility
implementatio
educating
for
n of the Policy designated staff implementing
Framework
about the
the Policy
Policy
Framework
Framework
The table above demonstrates how far each participating department has progressed through Leve1. Each of
the outcomes for Level 1 that have been achieved by each of the departments and reported to the SEU are
identified.
As shown, 18 of the 24 participating departments have achieved the first three outcomes for Level 1:
negotiated the scope for implementation; developed an agency wide policy for substantive equality; and
established the organisational structures to facilitate implementation of the Policy Framework. Some
departments such as the Equal Opportunity Commission have established co-ordinators for the role of
implementing the Policy Framework but have yet to fully establish the necessary organisational structure.
On the other hand, in general departments are yet to set up a clear and comprehensive communication strategy
and dedicate the necessary resources required to sustain the continued implementation of the Policy
Framework.
47
Table 26: Substantive equality: Needs and Impact Assessments
Departments
Assessed policies that im pact on services to identify unm et need and any adverse
im pact on different indigenous and ethnic groups
W.A Police
Water
Treasury and Finance
Disability Services Commission
Sport and Recreation
Racing, Gaming and Liquor
Premier and Cabinet
Planning and Infrastructure
Local Government and Regional Development
Industry and Resources
Indigenous Affairs
Housing and Works
Health
Fisheries
EOC
Environment and Conservation
Education and Training
Culture and Art
Consumer and Employment Protection
Corrective Services
Community Development
Attorney General
Agriculture and food
Not Commenced
Negotiated Area 3
Negotiated Area 2
Negotiated Area 1
0
1
2
3
Table 26 illustrates the progress each of the departments has made against the fourth outcome for Level 2: to
evaluate all policies, practices and procedures within the negotiated service area for their capacity to identify
and address the needs of Indigenous and ethnic minorities.
Advancement against achieving outcome four of Level 2 was represented in terms of each Department’s
progress in conducting the initial screening of the Needs and Impact Assessments. Specifically, this included
whether Departments had commenced the initial screening, were currently undertaking the initial screening, or
had completed the initial screening.
Progress against achieving the fourth outcome for Level 2 has been specifically reported against, as
conducting the initial screening constituted the principal and prerequisite element of level 2. This is because
the initial screening forms the basis for identifying areas in which the systems of the nominated service area or
function need to be improved or developed.
Departments have made substantial progress in undertaking the initial screenings. This is particularly
noteworthy given the depth of information gathering and analysis required in order to identify potential gaps
in the service area nominated for implementation.
48
Special Projects
Review of the Equal Opportunity Act 1984
The Western Australian Equal Opportunity Act 1984 celebrated the 20th anniversary of its enactment in late
2005. In early 2006 the first comprehensive review of this Act was started.
The Act was intended to meet Western Australia’s obligations under various International Covenants and
Conventions to which Australia is a signatory including:
 The UN Convention on the Elimination of all forms of discrimination against Women
 The ILO Convention concerning discrimination in employment and occupation
 The ILO Convention on workers with family responsibilities
 The International Covenant on civil and political rights
 The UN Convention on the elimination on all forms of racial discrimination
When the Act became law in 1985 it outlawed discrimination on the basis of:
 Sex and sexual harassment
 Pregnancy
 Race
 Religious and political conviction
 Marital status
In 1988 the Act was widened to include physical and mental impairment. Racial harassment was also
outlawed in this year. It was also made unlawful to discriminate on the basis of spent convictions and the
Equal Opportunity Commission was given the task of dealing with complaints relating to this.
In 1992 the grounds of family responsibility, family status and age were added as grounds of complaint.
In 2002 wide ranging changes were made to the Act outlawing discrimination on the basis of sexual
orientation and gender history.
In 2005 amendments to the Criminal Code strengthened provisions relating to racist harassment and
incitement to racial hatred. These matters constitute criminal offences and complaints are made to the police
for investigation. The government has indicated that it intends to add racial vilification as a ground for
complaint under the Equal Opportunity Act 1984.
Some other States have grounds not currently covered by the WA Equal Opportunity Act 1984, including:
 Breastfeeding
 Vilification on the ground of homosexuality/sexual orientation
 Religious vilification
 Public acts that vilify or express hatred of or contempt for those infected or believed to be infected
with HIV/AIDS.
 Potential pregnancy i.e. that a woman may become pregnant
 Participation in industrial activity
 Membership or non-membership of an association or organisation of employers and employees
 Irrelevant criminal record
 Irrelevant medical record
 Profession trade or calling
 Physical features
 Gender identity
In almost all States various forms of discrimination are outlawed in most areas of public life such as
employment, education, the provision of goods and services, accommodation, access to places and vehicles, in
clubs, in the provision of insurance and superannuation and in the disposal of land.
However for some grounds in the WA Act, discrimination is outlawed in a narrower range of areas than
others. For example it is unlawful to discriminate on the grounds of sex or race in the provision of goods and
services but not on the ground of family responsibilities. Likewise, in many States and Territories, and in the
49
Commonwealth, it is unlawful to sexually harass a person in a wide range of areas, including the provision of
goods and services and clubs. Under the WA Act, these areas are limited to employment, education, and
accommodation.
Similarly there are exemption provisions which make behaviour that would be unlawful, lawful in certain
circumstances.
For example insurance companies may discriminate in the terms and conditions of the policies they offer
provided this is based on actuarial data or statistics.
Similarly educational institutions established for religious purposes are permitted to discriminate (in for
example the hiring and firing of staff) if the discrimination is done in good faith to avoid injury to the religious
susceptibilities of adherents of that religion or creed.
Remedies
The primary remedy provided by the Equal Opportunity Act 1984 is to seek a conciliated confidential
settlement to which both parties agree.
Examples of matters frequently contained in these agreements are:
 an apology
 an undertaking to change a policy or practice
 training
 compensation for lost wages and/hurt and humiliation; or
 re-instatement in a position.
Should a matter not settle in the Commission it may be referred to the State Administrative Tribunal (SAT).
The Act currently has a limit for damages of $40,000. If a matter involves loss of wages that potentially
exceed this limit it is common for these complaints to be referred to the national body – the Human Rights and
Equal Opportunity Commission (HREOC) – for conciliation.
Potential areas of change
In addition to the grounds listed above complaints frequently sent to the EOC and which cannot currently be
dealt with include:
 bullying, particularly at work
 discrimination on the ground of irrelevant medical record.
Should all grounds be outlawed in all areas?
 Is there a need to review the exemptions available under the Act? For example single sex clubs are
currently exempt from the Act, as are voluntary bodies.
 Are the remedies available under the Act sufficient to redress acts of unlawful discrimination?
Written submissions were requested, with the closing date for submissions being May 31, 2006.
Report into the Review of the Equal Opportunity Act 1984
The report was submitted to the Attorney General in late May 2007 and recommended major changes to the
Equal Opportunity Act 1984.
The review attracted nearly 600 individual and 90 organisational submissions.
The review recommends introducing a number of new grounds of unlawful discrimination, including
breastfeeding, bullying, irrelevant criminal or medical record, as well as making vilification based on a
person’s disability or sexual orientation unlawful.
The review also recommends that discrimination on all grounds covered in the Act, both now and in the
future, should extend to all areas covered by the Act and that the definition of ‘employment’ be extended to
include unpaid and voluntary workers, or vocational placement by an educational or training authority.
50
In an Australian-first, the review also recommends the introduction of a ‘gender duty’ on public employers to
promote equality between the sexes in public employment – similar to legislation that came into effect in the
United Kingdom this year.
A copy of the Review of the Equal Opportunity Act 1984 Report can be downloaded from the Commission’s
website at: http://www.equalopportunity.wa.gov.au/pdf/revieweoact.pdf.
Where to from here?
The report into the review of the Equal Opportunity Act 1984 is now with the Attorney General and Cabinet
will consider the report’s recommendations with amendments to the Act expected to be announced later in the
year.
Finding a Place – The Housing Rights Project
The Commission released its Finding a Place report into the existence of discriminatory practices in relation
to the provision of public housing and related service to Aboriginal and Torres Strait Islander people in
Western Australia in late 2004.
The report Finding a Place, plus an accompanying video and DVD contained 165 recommendations.
A copy of the Finding a Place report can be downloaded from the Commission’s website at
www.eoc.wa.gov.au/pdf/findingaplace.pdf
The report and DVD is also available on request from the Commission.
One of the report’s key recommendations was for the establishment of a broadly-based Housing Inquiry
Implementation and Monitoring Committee. The first priority of this group was to produce a program for the
implementation, monitoring and review of recommendations contained in the report.
Housing inquiry implementation and monitoring group
During 2006/07 the Housing Inquiry Implementation and Monitoring Committee (HIC) met bi-monthly at the
Department of Indigenous Affairs. These meetings utilised video conferencing technology to link up with
committee members in remote locations throughout the State such as Kununurra, Port Hedland, Roebourne,
Katanning and Albany.
Organisations represented on the committee are:
 Aboriginal Legal Service
 Community & Public Sector Union Civil Service Association of WA
 Deaths in Custody Watch Committee
 Department for Community Development
 Department of Consumer and Employment Protection
 Department of Education and Training
 Department of Indigenous Affairs
 Disability Services Commission
 Equal Opportunity Commission
 Gordon Inquiry Implementation Program
 Indigenous Women’s Congress
 Jackaranda Community Centre
 Kalgoorlie Indigenous Advocates
 Katanning Aboriginal Corporation
 Kimberley Community Legal Service
 Noongar Mia Mia
 Tenants Advice Service (WA) Inc
 Perth – community representative
 Perth – Housing Inquiry Reference Group
 Port Hedland – community representative
 Roebourne – Women for Stronger Communities
 Shelter WA
51


Telethon Institute for Child Health Research; and
WACOSS
Finding a place action plan
In July 2006 the Department of Housing and Works (DHW) published, and placed on its website, the Finding
a Place Action Plan, a plan that grouped the inquiry’s 165 recommendations into three themes (below) and 24
items or clusters of recommendations:
 promote Aboriginal accessibility, staff awareness and understanding

review policy which impacts differentially on Aboriginal clients; and

manage property and administer services mindful of Aboriginal culture/issues.
To view the Finding a Place Action Plan visit the Commission website at www.eoc.wa.gov.au then link to
Housing.
Action plan – outcomes

DHW’s regional office staff have been provided with a comprehensive training plan that incorporates
an understanding of systemic discrimination.

Regional DHW offices are provided with regular updated policies, with regular training to be
provided to all staff on policies and policy changes.

Aboriginal people can now take advantage of special provisions in terms of the department’s criteria
for proof of identity.

A number of DHW’s policies have been changed to address the circumstances of tenants who may
face life-threatening situations. These include the department’s domestic and family violence,
eligibility relating to applicants with a debt and the discretionary decision making policies.

The department endeavours to ensure the principles of natural justice are adhered to in all its dealings
with clients and if a tenant disagrees with a charge they have the option of appealing.

DHW conducts annual inspections and endeavours to visit each tenant twice a year. Inspections will
only occur more frequently where there are specific issues such as property standards or maintenance
that needs to be resolved at the request of the tenant themselves.

The department has installed a new complaints management system.

The department takes the in-going condition of the property into account at the time of occupation,
and subsequent fair wear and tear; and

Aboriginal Tenant Support officers have been placed in some regional offices.
The Housing Rights Project
In late 2006 funds were secured for a Housing Rights Project ‘the Project’ from the multilateral Indigenous
funding pool administered by the Department of Indigenous Affairs (DIA) under guidance from the
Department of Treasury and Finance.
The Project, a partnership between the Equal Opportunity Commission and the Department of Housing and
Works will continue for several years, with Equal Opportunity Commissioner Yvonne Henderson and DHW
Director General Bob Mitchell meeting six weekly.
The Project is primarily focused on improving public housing services to Indigenous people throughout
Western Australia.
The Equal Opportunity Commission/Department of Housing and Works partnership gained momentum in
2007 through the substantive equality approach, which broadened the scope of policy and action to include all
peoples from culturally and linguistically diverse backgrounds, including Indigenous Australians.
A Consultant was out-posted to the Commission from the Department of Indigenous Affairs in 2005. This
position evolved into the position of Housing Rights Project manager in 2007.
52
Outcomes











Establishment of six weekly meetings between heads of Commission and DHW
The Housing Rights Project, the Commission’s Substantive Equality Unit and DHW’s Social
Inclusion Unit progress towards integration by the end of 2007
DHW letters to clients start to produced in ‘plain English’ for low literacy tenancy and applicants
Work started on resolving issues associated with statute-barred debt, which will be finalised in 2007.
This will mean no debt older than six years will be pursued by DHW.
The Commission helped DHW with its change management process so staff could better handle
diverse clients, to ensure they were dealt with in a fair and balanced manner
DHW started a redesign and rewrite of its operational policy manual, keeping in mind the principles
of the Finding a Place Action Plan and Report
DHW has started the process of streamlining its communication process to better target Aboriginal
clients and those from culturally and linguistically diverse backgrounds
DHW as started to apply substantive equality principles to appeals raised against the department by
clients
DHW have agreed to change the way the process appeals to increase fairness and equity to its clients
DHW has begun to change the ‘caretaker’ housing rental information system to better identify clients
with special needs such as low literacy and other relevant customer service information
The Commission was instrumental in shaping the position taken by DHW and Curtin University’s
Review of Housing Services. This will result in priority assistance being offered to more people in
most need, such as Aboriginal families.
Joint statement on aboriginal housing
A Joint Statement addressing indirect discrimination and strategies to improve housing and housing services
for Aboriginal and Torres Strait Islander people was released in June 2006. The statement was signed by
Equal Opportunity Commissioner Yvonne Henderson and Department of Housing and Works Director
General Bob Mitchell.
The Joint Statement was prefaced by the following:
“Safe and appropriate housing is essential to the well-being of all people. Without adequate
housing, health is at risk and people are unable to make the most of the education, training and
employment opportunities that will help them and their families get on in life.”
The Joint Statement detailed a number of significant improvements in services that will have a positive impact
on Aboriginal clients of DHW. These include:
 maintenance services
 capital works programs
 employment of five regional Aboriginal tenancy advocates
 development of an In Home Practical Support Program
 standardisation of property conditions reports
 improved career structure for Accommodation Managers
 Aboriginal Customer Support Officers to be located in Canning, Fremantle and Mirrabooka offices
 participation in regional Strong Family meetings
 a continuation of the objective to employ Aboriginal people in 10% of positions. As a move towards
reflecting its client base
 provide opportunities for Aboriginal trainees and support them via mentoring; and
 on-going commitment that all staff participate in cross-cultural training.
A second, updated, Joint Statement will be released in 2007/08.
Consultations
Community consultations
Nine (9) regional community-based forums were hosted by the Commissioner to report back on progress
following the release of the 2004 report Finding a Place into discriminatory practices in the provision of
public housing and related services to Aboriginal and Torres Strait Islander people in Western Australia.
53
These forums were held in Albany, Bunbury, Esperance, Geraldton, Narrogin, Northam and Katanning. Of
these, two (2) were followed by workshops for local community members on proposed legislation that will
make racially offensive behaviour unlawful.
More forums and workshops are planned for 2007/08.
The 2007 follow-up visits provided valuable information to both the Commission and Department of Housing
and Works to help change management processes and provide an avenue for Aboriginal customer feedback on
the quality of service being provided by the department.
Information dissemination
The Housing Rights Project Consultant held 24 information sessions for Department of Housing and Works
staff, involving 470 participants; 21 meetings with senior management from DHW, Curtin University of
Technology and City of Mandurah involving 171 participants, and four (4) induction sessions for DHW
administrative officers involving 62 staff.
Where to from here?
The Housing Inquiry Implementation and Monitoring Committee will continue to meet bi-monthly and will
work to secure progress reports on a regular basis. These reports will be based on DHW developing an
internal and external monitoring mechanism that will link with performance indicators to show the level of
service improvement. This new process aims to ensure the department’s current and future policies,
procedures and practices will reduce or eliminate real or potentially indirect or systemic discrimination.
54
3
SIGNIFICANT ISSUES AND TRENDS
Key issues and trends in 2006/07

Training courses provided by the Equal Opportunity Commission (EOC) increased overall by nearly
30%. The increase in organisational training courses was mainly due to repeat training sessions
requested by organisations.

Regional outreach training has increased from six sessions in 2006 to 25 in 2007, due to officers
including outreach sessions when they visit regional areas to provide fee-for-service training.

Enquiries and requests for Workplace Culture – Harassment and Bullying sessions have increased.

Public forums for new and emerging communities about the proposed racially offensive behaviour
amendments are being conducted.

Implementation of the 'Policy Framework for Substantive Equality', endorsed as Government policy,
has commenced by conducting a 'Needs and Impact Assessment' to identify systemic barriers to
public sector service delivery across 23 government departments. This continues a new strategic
direction in public policy to review the effects of practices and/or policies in order to determine their
differential impact on clients.

Significant substantive equality issues identified include the failure to adopt appropriate ethnic
descriptors in the collection of data, and the use of descriptors irrelevant to the Australian context to
manage and plan services.

Humanitarian arrivals from African nations represent a rapidly increasing proportion of all
humanitarian arrivals. African countries have now replaced the Balkans, which were the focus a
decade ago. In 2004-05, 73 per cent of the total number of humanitarian entrants was of African
origin, compared with 25 per cent in 2001-02. The Department of Immigration and
Citizenship advised in 2005-06 and the foreseeable future, priority for the Australian Humanitarian
Program, and therefore the integrated Humanitarian Settlement Scheme, will continue to be Africa.

There is absence of accredited Interpreting and Translating Services for some new and emerging
languages. This unmet demand for appropriate interpreting and translating services is even more
evident for Indigenous people. Currently there is no Indigenous interpreter service other than the
Kimberly Interpreting Service.
The year ahead

The Department of Housing and Works (DHW) has entered into a partnership with the Equal
Opportunity Commission (EOC) to improve public housing and related services. This work is
focused on Aboriginal tenants.

A major review of housing service delivery being conducted by DHW is dove-tailing with this work,
producing changes to the way policy is applied and DHW staff are trained.

The Housing Inquiry Committee (HIC) chaired by the Commissioner for Equal Opportunity Ms
Yvonne Henderson, will continue to meet on a bi-monthly basis to oversee the implementation and
monitoring of inquiry recommendations through the EOC and DHW 'Finding a Place' Action Plan.

On-going review and upgrading of all Commission publications and the Commission’s website.

Publication of a guide for employers on discrimination in pregnancy and work.

Investigation of the possibility of achieving Registered Training Organisation status with the ability
to provide nationally accredited training in a range of training programs.

Revision of all training programs to include racially offensive behaviour when proposed amendments
to the Equal Opportunity Act 1994 are enacted.

In consultation with REIWA and REBA, development of training modules in equal opportunity for
real estate agents, and principals.
55

In consultation with the Taxi Board and the Department of Planning and Infrastructure, development
of a training module in equal opportunity for taxi drivers.

Strategic targeting of minority groups to increase rights-based training in the metropolitan area.

Selection by Departments of a new service area for implementation of substantive equality.

Continuation of support services to participating Departments in order to help define and set out how
substantive equality and the Needs and Impact Assessment operate. The aim is to transfer findings
across Departments and into whole-of-government processes where relevant.

Assist Departments to review the effects of practices and or policies in order to determine their
equality impact including major new initiatives.

Delivery of specialist sessions on themes relevant to systemic discrimination and substantive
equality.

Development of standards for the accreditation of substantive equality in training to increase the
clarity of equal opportunity, its meaning and application to public policy.

Improvement of data collection in order to better plan for services and reveal inequalities in services
to Indigenous and ethnic clients.
56
4
DISCLOSURES AND LEGAL COMPLIANCE
Financial Statements
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
Performance Indicators
78
Government Goal
79
Enhancing the quality of life and wellbeing of all people throughout Western Australia by providing high
quality, accessible services.
The Commissioner for Equal Opportunity is responsible for the provision of information on equal opportunity
and human rights issues as well as avenues of redress to individuals who experience unlawful discrimination
as set out in the Equal Opportunity Act 1984.
Desired outcomes
The outcomes established by the Equal Opportunity Commission are that the people of Western Australia:
 are provided with information and advice about equal opportunity and human rights issues, and
 have accessible avenues of redress under relevant legislation.
The Commission’s effectiveness indicators demonstrate the extent to which the Commissioner for Equal
Opportunity promotes equality of opportunity, provides remedies in respect to discrimination and raises
awareness of the Equal Opportunity Act 1984 within the Western Australian community.
The efficiency indicators measure the cost of providing these services.
Effectiveness indicators
The extent to which the Western Australian community is aware of, recognises and accepts the Act is assessed
by conducting surveys every three years to ascertain community attitudes to equal opportunity. Clients of the
Commission’s education and training programs are also surveyed to measure their satisfaction with the
service.
Effectiveness indicators also include the provision of redress for people alleging unlawful discriminatory
behaviour through conciliation and provision of legal assistance.
Public awareness, recognition and acceptance
Between November 3 and November 15, 2006, Patterson Market Research undertook a Survey of Community
Awareness across Western Australia to assess public levels of awareness and views of the Act and its
provisions as well as levels of community concern for equal opportunity and human rights issues.
This survey is now in its fourth wave, previously conducted in 1997, 2000 and 2003.
Results of the surveys 2000 – 2006 are summarised in Table 27 below.
The methodology comprised a telephone survey of a random sample of the adult population and a total of 410
interviews were completed, 306 of which were in the metropolitan area (population size 1,361,250) and 104
country areas (population size 370,055) at an error rate of ±4.9% at the 95% level of confidence. The
population was based on the 2001 ABS Census data. The response rate is 19% being the proportion of
interviews achieved from the total contact calls.
The following tables show the results for the whole of Western Australia, as well as the Perth metropolitan
region.
80
Table 27: Community survey of public awareness
Proportion of the public:
2000
Survey
2000
Survey
Perth
Kimberley
%
%
2003
Survey
Perth
2003
Survey
Whole
of WA
2006
Survey
Perth
2006
Survey
Whole
of WA
%
%
%
%
Who had heard of the
Act
73.0
68.0
84.1
82.2
77.5
76.8
Who recognised one or
more grounds of
discrimination
81.0
82.1
84.1
82.2
91.6
88.6
54.0
56.0
57.7
56.2
43.1
46.1
67.0
66.0
71.4
70.5
64.7
63.4
92.0
87.0
93.4
93.0
93.8
91.7
Who believed that
people are generally
very or quite concerned
about equal opportunity
issues
Who were generally
very or quite concerned
about equal opportunity
issues
Who believe that it is of
benefit to have Act that
deals with
discrimination
The community survey found that more than three-quarters of the WA community has heard of the Equal
Opportunity Act. The trend of awareness of the Act has gradually increased since 1997 (71%) when the
survey was first conducted, with a sharp increase in 2003 following the introduction of amendments to the Act
to make unlawful discrimination on the ground of sexual orientation which attracted extensive media
attention. This argument is supported by consistent findings in all surveys that the major source of
information about equal opportunity is the mass media 1.
Respondents showed a decrease in concern for human rights issues and are less optimistic about general
community concern.
Belief in the benefit of the Act remains high, although slightly lower than in the 2003 survey.
Employers’ and employees’ acceptance of the Act
Of the complaints received by the Commission, almost two thirds relate to work or employment. Increasing
the rate of awareness and acceptance of equal opportunity issues in workplaces continues to be a major focus
of the Commission.
In the last year the proportion of employer respondents to complaints who have revised their policies and/or
implemented equal opportunity programs as an outcome of their conciliated complaints has increased from
18.6.% to 23.1% as shown in Table 28 below.
1
In 2006 64% of respondents had recently heard something about equal opportunity in either the electronic
(radio or TV) or West Australian; 2003 - 47%, 2000 – 64%, 1997 – 68%
81
Table 28: Employers’ acceptance of the Act
Employer Respondents
Employer respondents
who have revised their
policies and/or
implemented equal
opportunity programs
2003/04
2004/05
2005/06
2006/07
%
%
%
%
30.6
10.0
18.6
23.1
Employee’s acceptance of the Act and equal opportunity is also assessed by the extent to which participants
who attended training courses state they would recommend the Commission’s training to others and whether
they would be able to utilise what they had learnt at their work or in their daily life.
Based on feedback participants provide in post-training evaluation questionnaires, there has been a
consistently high level of recognition of the value of the training, which confirms the continuing effectiveness
of the Commission’s training programs, which are continuously reviewed in the light of participant feedback.
In summary:
 The proportion of training participants who would recommend the Commission’s training courses to
has increased; and
 There was a small increase in the number of participants who indicated they would use what they had
learnt at work or in their daily life.
Table 29: Employees’ acceptance of the Act
2003/04
2004/05
2005/06
2006/07
%
%
%
%
Participants who would
recommend the
Commission’s training
courses.
96.5
95.8
96.7
97.0
Participants who stated
that they would be able
to use what they have
learnt at work or their
daily life.
95.5
97.5
98.0
98.1
Training Participants
Conciliation as a means of redress
The extent to which complaints are conciliated, in comparison to those that are referred to the State
Administrative Tribunal (SAT), indicates the degree to which the complaint handling model is an effective
means of resolving complaints of unlawful discrimination. During 2006/07 the Commission handled 853
complaints. Table 30 below shows the proportions of complaints which are conciliated or referred. The
outcomes of cases not resolved by conciliation or referral are detailed in Table 31.
82
Table 30: Rates of conciliation and referral of complaints
2003/04
2004/05
2005/06
2006/07
%
%
%
%
Proportion of closed
complaints conciliated
21.7
31.7
32.9
33.4
Proportion of closed
complaints referred to
the State
Administrative Tribunal
15.1
18.4
29.2
24.8
Rates of conciliation
and referral to the
Tribunal
The number of complaints that were conciliated or referred to the Tribunal during 2006/07 was 160 and119
respectively. During this period the decline in the number of lapsed complaints continued (see Table 31
below). The proportion of conciliated complaints remained much the same but there has been a small decline
in the proportion of complaints referred to the Tribunal compared to in last year.
During the 2006/07 financial year:
 33.4% of closed complaints were conciliated
 89.3% of conciliated complaints were settled through conciliation conferences; and
 the average time taken to reach a conciliation conference was 5.0 months.
 79.2% of cases referred to the Tribunal were settled through mediation.
Table 31: Outcomes of remaining closed complaints
2003/04
2004/05
2005/06
2006/07
%
%
%
%
51.8
22.9
14.1
14.0
Dismissed
5.5
10.4
9.1
11.3
Withdrawn
5.9
16.6
14.7
16.5
Details of Remaining
Complaints
Lapsed
The percentage of lapsed complaints has decreased in recent years due to policy changes in complaint
handling practices. This has lead to a reduction in the time taken hold a conference and consequently to close
complaints.
Legal assistance as a means of redress
The extent to which Legal Officers settle complaints referred to the Tribunal before it hears the matter
indicates the effectiveness of providing legal assistance to complainants.
83
Table 32: Settlement rate of cases referred to the State Administrative Tribunal
Settlement rate of
cases referred to the
State Administrative
Tribunal
2003/04
2004/05
2005/06
2006/07
%
%
%
%
67.7
75.9
70.7
79.2
Settlement rate
In 2006/07 there was an 8.5% increase in the settlement rate of cases referred to the Tribunal.
Efficiency indicators
Service 1: Provision of information and advice regarding equal opportunity and human rights
These indicators measure the average cost of delivering training courses/seminars, answering enquiries,
providing policy advice, conducting reviews and producing publications. They are calculated by dividing the
total cost of each type of service by the total number of services provided each year.
Each initiative or service contributes and enhances the public’s awareness and acceptance of equal
opportunity. Table 33 provides the average cost of training, enquiries, policy advice and review, and
publications.
Table 33: Average cost of information provision
2003/04 to 2006/07
2003/04
2004/05
2005/06
2006/07
Budget
2006/07
$
$
$
$
$
3,027.20
2,224.56
2,025.00
1,690.90
2,074.00
Average cost per
enquiry
83.87
88.24
105.00
130.13
100.00
Average cost per
policy advice and
review
1,258.68
2,343.84
1,056.00
956.42
1,215.00
Average cost per
publication
14,522.66
6,542.33
7,279.00
10,026.24
5,226.00
Average cost per
presentation/seminar/
workshop
There was an overall increase of 34% in the number of presentations, from 288 in 2005/06 to 386 in 2006/07,
reducing the average cost accordingly.
The increase in the average cost per enquiry is due to a decrease in number of enquiries from 3257 in 2005/06
to 2959 in 2006/07. This could be accounted for by the increasing use of the website. The Commission’s
website received 40,259 unique visitors in 2006/07 compared with 36,371 in the 2005/06 financial year.
Because of this the budgeted amount of $100 per enquiry was exceeded.
84
Policy advice and reviews are requests received from individuals and organisations such as draft replies for
the Minister, submissions on government policies, legislation reviews and papers presented by the
Commissioner.
The number of policy advice and reviews increased again this year from 505 to 669 – and increase of 32.5%.
Consequently the budget amount was in excess of the actual cost per policy advice achieved.
The number of publications produced in 2006/07 was 21, compared with 31 the previous year. The new
materials included three new booklets in addition to the updating of existing brochures. Materials were also
produced in community languages on workplace bullying and amendments to the Act relating to racially
offensive behaviour. While a reduced number of publications were released, each was a substantial work, in
contrast to the small format brochures which were published in 2005/06, resulting in a higher cost per item.
Service 2: Avenues of redress for unlawful discrimination and unreasonable treatment
These indicators measure the average cost of resolving complaints and the average cost of cases referred to the
Tribunal. It is calculated by dividing the total cost of complaints/cases by the number of complaints/cases.
Table 34 below provides details of the average cost per complaint handled and the average cost per case
referred by the Commissioner to the Tribunal.
Table 34: Average cost per complaint and per case referred
by the Commissioner to the Tribunal
Average cost per
complaint
Average cost per
case referred to the
Tribunal by the
Commissioner
2003/04
2004/05
2005/06
2006/07
Budget
2006/07
$
$
$
$
$
923.38
1,042.83
1,364.00
1,257.74
1,025.00
2,375.57
3,089.66
3,177.00
3,934.63
2,885.00
The decrease in the average cost per complaint is due to an increase in the number of complaints handled from
701 in 2005/06 to 853 in 2006/07. The change in definition of accepted complaint increased handling costs of
complaints therefore exceeding the budgeted amount.
The average cost per case referred to the Tribunal increased due to a decrease in the number of complaints
referred, down from 94 in 2005/06 to 84 in 2006/07. The cost per case has exceeded the budget for the same
reason.
85
Other Financial Disclosures
Employees by category
Table 35: Staff Profile by gender and salary
2006/07
2006/2007
Salary Range
Female
Male
Total
$0 - $38,660
2
0
2
$38,661 - $44,542
5
0
5
$44,543 - $50,155
2
0
2
$50,156 - $55,794
2
1
3
$55.795 - $64,927
1
3
4
$64,928 - $75,658
8
2
10
$75,659 - $85,692
3
1
4
$85,693 - $98,179
1
2
3
$98,180 - $111,508
0
0
0
>$111,509
1
0
1
25
9
34
Total
Staffing policies, including recruitment and staff development
The Commission complies with the Public Sector Standards in respect of staffing policies, recruitment and
staff development. The Commission’s human resource management principles have adequate checks in place
to ensure compliance requirements are met. Not applications or claims for breach of standards were received
during the reporting year.
Industrial relations
The Commission has established a Joint Consultative Council to facilitate effective communication of issues
of concern to staff. The JCC comprises representatives from management and union members and has
commenced meeting on a regular basis.
Workers compensation claims, prevention of occupational injuries and illnesses and
the rehabilitation of injured and sick employees
No worker’s compensation claims were lodged during the reporting year.
Staff elections were held for occupational health and safety officers, as well as three first aid officers, who all
attended training during the year. A WorkSafe inspection identified a number of issues of concern which have
been or are being addressed.
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Other legal requirements
Advertising
In accordance with Section 175ZE of the Electoral Act 1907, the Commission incurred expenditure in
advertising, market research, polling, direct mail and media advertising, as set out in the Table below:
Table 36: Advertising and sponsorship
2006/07
1. Total expenditure for 2006/07 was $13,648.50
2. Expenditure was incurred in the following areas
Item
Cost
Provider
Total Cost
Advertising Agencies
Nil
Nil
Nil
Market Research
Organisations
Nil
Patterson
Market
Research
$9,330.00
Polling Organisations
Nil
Nil
Nil
Direct Mail Organisations
Nil
Nil
Nil
Marketforce
Advertising
Ltd
$1,083.68
Telstra
White
Pages
$3,150.00
Print Black
$681.82
Media Advertising
Organisations
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Disability access and inclusion plan outcomes
The Commission is committed to ensuring that people with disabilities, their families and carers have access
to and are included in its services. The Commission’s Corporate Executive is developing a five year plan,
based on the six key outcomes set out in the Disability Services Act 2004, and has commenced some
initiatives to improve access and inclusion for people with disabilities. Details of progress are set out below.
Six key outcomes:
 People with disabilities have the same opportunities as other people to access the services of, and
events organised by the Commission.
Any members of the public or staff with a disability have an equal opportunity to participate in events
conducted by the Commission.

People with disabilities have the same opportunities as other people to access the buildings and other
facilities available.
The layout of the offices and the facilities, are currently being reviewed, particularly the reception
and entry, to ensure that the needs of people with disabilities are met as far as practicable. The
building has a lift designed for persons with disabilities and the ground floor is at the same level as St
Georges Terrace to assist easy access. There are disabled car parking bays, with lift access to the
offices of the Commission and were no formal complaints received during the year about provision
of appropriate facilities or access to services by the Commission.

People with disabilities receive information in formats that will enable them to access the
information as readily as other people are able to access it.
Whenever possible the Commission strives to publish all documents in plain English. A review of all
publications was undertaken, to this end, in 2004-05. Publications are available in alternative formats
on request and this information will be provided in all new publications. Information published on
the Commission’s website can be viewed and printed in alternative formats. The provision of digital
sound files on the website is being currently assessed.

People with disabilities receive the same level and quality of service from staff as other people
receive.
The services provided by the Commission have been adapted to reduce barriers to people with
disabilities through better access and the availability of information in various formats on request. Inhouse training sessions have raised the awareness and skills of staff in relation to their obligations in
dealing with people with disabilities.

People with disabilities have the same opportunities as other people to make complaints to the
Commission.
Any member of the public with a disability has an equal opportunity to make a complaint to the
Commission. All complaints are investigated free of any bias or discrimination in order to achieve
appropriate outcomes quickly and efficiently.

People with disabilities have the same opportunities as other people to participate in any public
consultation arranged by the office.
Any member of the public or staff with a disability has an equal opportunity to participate in
consultations, decision making, grievance process and any other consultative process within the
Commission.
Compliance with public sector standards and ethical codes
Public Sector Standards (PSS)



Information about Standards included on the Equal Opportunity Commission intranet and included in
the formal Induction process for new employees.
Current EOC Grievance officers attended accredited training in May 2006.
There were no breach claims in the reporting year.
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WA Code of Ethics


WA Code of Ethics forms part of induction materials and is on the Equal Opportunity intranet.
There were no reports of non compliance with WA Code of Ethics
Agency Code of Conduct



The Equal Opportunity Code of Conduct is accessible on the intranet and forms part of the formal
induction process.
The Acceptable Use Policy for E-mail and Internet use was revised in 2006 and circulated to all staff.
This also forms part of the induction process and is available on the intranet.
There were no reports of non compliance with the Code of Conduct.
Record keeping plan




Evaluation of efficiency and effectiveness of RKP
A comprehensive review of all of the Commission’s RKP was undertaken and a schedule of upgrades
to the thesaurus, archiving, associated hardware and software commenced in April 2006. It is
anticipated that new efficiency and effectiveness indicators will be developed to measure records
keeping for the Commission.
Nature and extent of training program conducted
All new staff undertake training in their responsibilities with respect to record keeping. Ongoing
consultation will be undertaken with all staff during the records upgrade and will be included in the
training required to implement the records upgrade.
Review efficiency and effectiveness of training program
As part of the abovementioned review, the training of all Commission employees, including new
employees is currently under review.
Induction program
The roles and responsibilities of employees are outlined as part of the induction and this will more
formalised with the development of new procedures resulting from the records upgrade.
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Government policy requirements
Corruption prevention
The Commission revised the Induction process and this provides more comprehensive information to new and
existing staff on their responsibilities in relation to corruption and misconduct.
Information is regularly updated on the Office intranet and circulated to all staff.
Substantive equality
The Substantive Equality Unit was established in early 2005 in order to provide support and guidance and to
oversee the adoption and implementation of the Policy Framework for Substantive Equality in the 23
departments represented on the Strategic Management Council and the Equal Opportunity Commission. The
Unit comprises of two substantive Project Officers, one seconded Project Officer, one Administrative
Assistant and a Manager.
The Unit also has the functions of monitoring the progress of the public sector agencies against the objectives
of the policy, identifying sector wide issues in relation to substantive equality, and acting as a consultative
body for matters relating to racism, systemic discrimination and substantive equality.
Implementation of the Policy Framework for Substantive Equality
The Equal Opportunity Commission is dedicated to the elimination of systemic forms of discrimination from
all aspects of its service delivery and functions. As such, the Commission is committed to the implementation
of the Policy Framework for Substantive Equality, and has demonstrated this commitment by commencing
implementation of the needs and impact assessment initial screening as detailed in Level 2 of the Policy
Framework.
The Commission has two main functions; to educate and encourage recognition of the principles of equal
opportunity in the community, and to provide a means of redress to individuals who allege unlawful
discrimination.
Of these functions the Commission was of the view that the area of ‘Remedy’ which enables people to lodge
complaints had the highest relevance to substantive equality. How accessible the complaints system is for
Indigenous and ethnic minority groups became the area of focus 2.
Given the numerous ways in which people can access complaints and the shared responsibility each divisional
area has in facilitating access to the complaints process it became necessary to first consult with each of the
divisional areas, as part of the initial screening, to determine the approach and method to undertake the initial
screening.
Needs and impact assessment initial screening
The Commission is currently undertaking the needs and impact assessment initial screening of the area of
focus outlined above. The Commission has created an implementation team consisting of the Senior Officer
for Substantive Equality and an implementation Project Officer from the SEU, in order to progress the
implementation of the needs and impact assessment for Level 2 of the Policy Framework.
The implementation team have focused on information gathering and analysis of policies, practices and
procedures that relate to how the Commission’s Indigenous and ethnic minority clients come to know of, and
enter into, the complaints system. This analysis will enable the Commission to better identify current and
potential clients and their needs, and whether there are any differences within the practices of the Commission
The Commission identified both ‘Assessing the accessibility of the Commission’s complaint process; and Assessing the
effectiveness of the Commission’s promotional activities (including publications)’ however subsequent to consultations it was
determined that the promotional activities is an inherent component of the functions related to the Commission’s complaint
process.
2
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that affect different Indigenous and ethnic minority groups who may, because of their identity and visible
difference, be subject to discrimination.
If the initial screening highlights any adverse impacts for particular Indigenous or ethnic minority groups, the
Equal Opportunity Commission will move to a needs and impact full assessment. This will involve reviewing,
modifying and amending the policy and/or practice and procedure to ensure greater equality of outcomes.
In proposing any changes to policies, practices and procedures, the Commission will consult with relevant
Indigenous and ethnic groups for their view on the Policy Framework, service needs and barriers to achieving
substantive equality.
Preliminary Findings – potential adverse impact
The implementation team have identified a number of preliminary issues which have the potential to have an
adverse impact on certain groups. One example to illustrate this is the collection and effective utilisation of
client data. The Commission collects equality data which is not sufficiently robust to ascertain whether some
groups who are more likely to experience discrimination actually do use the Commission’s services and for
those that do, whether they experience any barriers to equal service outcomes.
Where the Commission does collect client information on Indigenous and ethnic minority status, it is not
formally utilised in service delivery planning or to provide strategic direction. The data is not able to be
effectively utilised for planning purposes as there are limitations in the processes for identifying the extent of
discrimination and harassment experienced by particular groups in the community, and therefore useful
analysis of client data is also limited. It appears that the primary use for client data identifying Indigenous and
ethnic status at present is for compliance reporting.
Sustainability
Better Planning: Better Futures – first of three goals.
As a non-State Executive Service (SES) organisation, the Commission is not required to produce a
Sustainability Action Plan (Premier’s Circular 2004/14, Sustainability Code of Practice for Government
agencies). Notwithstanding this the Commission is committed to the principles embodied in the State
Sustainability Strategy. This Annual Report reflects these principles throughout, in particular by its reporting
against the Strategic Planning Framework: Better Planning, Better Services, community education and
corporate compliance and governance.
During 2006/07 the Commission provided 1100 kilograms of waste paper to be recycled, a 17% increase
compared with 2004/05.
In accordance with the Government’s Energy Smart policy, the Commission continues to upgrade its
computer network with energy saving equipment where possible and encourages staff to be aware of the need
to reduce energy consumption.
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Outcome based management
The Commission has two key outcomes that are linked to government priorities and strategic objectives.
These outcomes seek to achieve the Commission’s two Services of providing information and advice about
equal opportunity and human rights issues, and provide accessible avenues of redress under relevant
legislation.
Outcome 1 – Provision of information and advice
The provision of information and advice regarding equal opportunity and human rights.
This outcome involves the dissemination of relevant and appropriate information on the Equal Opportunity
Act 1984, other relevant laws, human rights issues generally, and the provision of accurate advice on equal
opportunity matters and the identification of discriminatory policies and practices.
Table 37: Outcome 1: Average cost of provision of information and advice
2006/07
Budget
2006/07
$
$
1,690.90
2,704.00
Average cost per enquiry
130.13
100.00
Average cost per policy advice and review
956.42
1,215.00
1,026.21
5,226.00
Average cost per presentation/seminar/ workshop
Average cost per publication
The variation between actual and targeted average costs is largely due to unanticipated increase in the
provision of training courses, policy advice and review resulting in a reduced cost per item. Enquiries
continue to decline and publications, expenditure remained the same although the number of small publication
declined.
Effectiveness
A survey is conducted triennially to measure the community’s attitudes towards equal opportunity. The 2007
survey revealed that 91.7% of survey participants in Western Australia believed it is of benefit to have an Act
that deals with discrimination and 88.6% recognised one or more of the grounds of discrimination specified in
the Act.
Outcome 2 - Avenue of redress for unlawful discrimination and unreasonable
treatment.
This outcome involves investigating and attempting to conciliate complaints that fall within the jurisdiction of
the Equal Opportunity Act 1984 and other legislation administered by the Commission, and the provision of
assistance to complainants when their complaints were referred to the State Administrative Tribunal.
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Table 38 : Average cost per complaint and average cost per case referred
2006/07
Budget
2006/07
$
$
Average cost per complaint
1,257.74
1,025.00
Average cost per case referred to the Tribunal by the Commissioner
3,934.63
2,885.00
Effectiveness
The extent to which complaints are conciliated, in comparison to those that are referred to the State
Administrative Tribunal indicates the degree to which the complaint handling model is an effective means of
resolving complaints of unlawful discrimination.
Table 39: Rates of conciliation and referral of complaints
2003/04
2004/05
2005/06
2006/07
%
%
%
%
Proportion of closed
complaints conciliated
21.7
31.7
32.9
33.4
Proportion of closed
complaints referred to
the State
Administrative Tribunal
15.1
18.4
29.2
24.8
Rates of conciliation
and referral to the
Tribunal
Compliance statement
In the administration of the Equal Opportunity Commission, I have complied with all material aspects of the
Equal Opportunity Act 1984 and other relevant laws.
I have complied with the Public Sector Standards in Human Resource Management, the Western Australian
Public Sector Code of Ethics and the Commission’s Code of Conduct. Procedures and appropriate internal
assessments have been conducted to ensure compliance. At the date of signing, I was not aware of any
circumstances that would render the particulars of this statement to be misleading or inaccurate.
Yvonne Henderson
COMMISSIONER FOR EQUAL OPPORTUNITY
August 31, 2007
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APPENDIX A: Case Studies
Case studies for conciliated complaints
Impairment discrimination in the area of access to a facility
A man with a disability used a two-wheeled electrical scooter to transport himself around his local area.
When he went to his local shopping centre he was denied access. He was told the centre did not allow ‘skate
boards, pushbikes and the like’ into the centre. The matter was resolved when the shopping centre wrote a
letter of apology and explained their policy was not directed at electrical transporters of that type.
Impairment discrimination in the area of access to a service
A hearing impaired woman alleged she had been discriminated against by a health service provider when it
failed to book an interpreter for an appointment. In addition the health service’s policy did not allow for the
booking of a preferred interpreter. After conciliation the health service agreed to include information on its
website about available interpreting services, including the client’s right to a qualified interpreter. Information
on how to make a complaint about the service was also posted on the website.
Age discrimination in the area of accommodation and advertising
A woman lodged a complaint of age discrimination on behalf of her child, after a hotel advertised it provided
‘adult only’ accommodation. After attending a conciliation conference it was agreed the venue’s advertising
would no longer refer to age barriers. No monetary settlement was sought but the complainant accepted an
apology and the respondent undertook to amend its advertising immediately.
Race discrimination in the area of provision of a service
An Aboriginal woman was asked to get off a bus by the driver, while non-Aboriginal passengers were allowed
to continue their journey. The driver also sprayed deodorant on seats previously occupied by Aboriginal
people. The matter was resolved with the provision of cross-cultural staff training from a local Aboriginal
person; anti-discrimination training for all drivers, administrative staff and the general manager; surveillance
cameras to be installed on all buses within 12 months; a written apology; free bus tickets (a three-month multirider); and a $150 ex-gratia payment to the Aboriginal woman.
Age discrimination in the area of employment
A 65-year-old man applied for a job as a community health worker and was interviewed for the position. He
was not successful. One of the reasons given was that the employer was concerned about the applicant’s
capacity to carry out the job because of his age. His complaint was resolved when he accepted a $2500 exgratia payment, was provided with a written apology and the employer committed to providing equal
opportunity training to staff sitting on employment selection panels.
Family responsibility discrimination in the area of employment
A mother alleged her employer discriminated against her by refusing to allocate her shifts that took account of
altered child care requirements caused by a death in the family. She alleged when she told her employer she
could no longer work Thursday night or Saturday morning she was told if she didn’t like it she could look for
another job. The matter was resolved when the employer adjusted the roster to accommodate her needs.
Marital status discrimination in the area of employment
A woman alleged she had been discriminated when she was refused employment because her partner worked
for a business in a similar field to her prospective employer. She claimed there was no likelihood of collusion
between herself and her partner and therefore her employment posed no risk to her prospective employer. The
respondent denied discriminating against her and the matter was resolved when she received a $10,500 exgratia payment from the respondent.
Sex and sexual orientation discrimination in the area of employment
A woman claimed she was twice coerced into sexual encounters with her female manager. After these
encounters the manager allegedly became antagonistic towards her, criticised her in front of other staff, sent
her numerous text messages and then put pressure on her to resign. After the woman resigned her manager
allegedly contacted the woman’s job referees and attempted to turn them against her. The woman also alleged
victimisation in the area of employment. The matter was resolved with a $7,500 ex-gratia payment, an
94
apology and an undertaking by the company that all the company’s WA branch undergo equal opportunity
training.
Sex discrimination and sexual harassment in the area of employment
A woman employed by an employment agency to work in a manufacturing company received obscene text
messages from a male colleague. She alleged that when she reported the incident to her employer and the
manufacturing company, the matter was not addressed and she was terminated from her contract with the
company. The matter was resolved when the work colleague who had sent her the text messages agreed to
provide her with an apology.
Race discrimination in the area of employment
A non-Aboriginal employee of an Aboriginal corporation alleged he was dismissed because the organisation
was implementing a policy of employing more Aboriginal staff. The organisation denied this, stating he was
dismissed because of misconduct. A conciliation conference was held and the parties agreed to settle the
complaint with an ex-gratia payment of $1500.00.
Age discrimination in the area of provision of a service
A 73-year-old man died as a result of injuries sustained in a sporting accident. The sporting organisation
declined to pay the man’s widow death insurance because he was over the age of 70. The matter was resolved
through conciliation when the sporting organisation agreed to make an ex-gratia payment of $45,000.00 to the
widow.
Impairment discrimination in the area of employment
A young woman alleged her employer would not sign her apprenticeship papers because she had diabetes. The
employer said this was not the case, adding that after the woman collapsed at work, her mother had advised
the company her daughter’s doctor did not think she should work full-time. This explanation was acceptable
to the complainant and her employer said she could work part-time until she was well enough to resume her
apprenticeship.
Pregnancy discrimination in the area of access to a vehicle and provision of a service
A woman who was three months pregnant alleged that a bus driver spoke to her in a rude manner and did not
lower the ramp to help her get a suit case on board the bus. The bus company said the ramp was not working
at the time and acknowledged that this should have been communicated to the passenger at the time. The
complainant accepted this explanation and a verbal apology from the bus driver, and the case was closed.
Case studies of lapsed complaints
Race discrimination in the area of employment
An Aboriginal employee took three weeks’ bereavement leave and was told by her employer that they
expected someone “responsible and reliable”. She alleged that her employer was insensitive to her cultural
needs and alleged that a non-Aboriginal work colleague had taken two weeks’ bereavement leave earlier in the
year without any repercussions from their employer. The complaint was lapsed after the complainant failed to
provide any evidence to support her allegations, and then did not maintain contact with the Commission.
Pregnancy discrimination in the area of employment
A female employee alleged she had been discriminated against on the ground of her pregnancy when her
hours were reduced and her employment eventually terminated. The respondent denied it had discriminated
against her and provided evidence to show her hours had not been reduced and that she had been dismissed
because of poor work performance and customer complaints, not pregnancy. The complaint lapsed when the
applicant failed to respond to Commission correspondence.
Family responsibility discrimination in the area of employment
The complainant underwent a training program in a joint venture between two companies and an educational
organisation. At the completion of the program the complainant alleged that she was refused employment
because she had family responsibilities. The two company’s involved denied this and said the complainant
neither expressed any interest in employment, nor followed through with any job applications. The complaint
lapsed when the complainant failed to contact the Commission to confirm her attendance at a conciliation
conference.
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Case studies of withdrawn complaints
Sexual harassment in the area of employment
A man alleged he became the target of numerous sexually based pranks and jokes during the course of his
employment. He found them offensive and resigned from his employment, subsequently lodging a complaint
of sexual harassment with the Commission. The respondent denied the allegations but after holding
discussions with the complainant the respondent reached a private settlement and as a result the complainant
withdrew his complaint.
Sexual harassment in the area of employment
A woman alleged a male work colleague sexually harassed her at work by touching parts of her body, and his
actions did not stop when she made it clear his actions were unacceptable. Her complaint did not proceed
because she decided to withdraw her complaint shortly after lodging it with the Commission.
Age discrimination in the area of employment
A man was employed by a mining company on a fixed term contract and he unsuccessfully applied for a full
time vacancy when one because available. He claimed he was asked his age twice during the interview
process. A number of other men on fixed term contracts were offered full time employment and when he
queried why he was unsuccessful he was told that he had had his chance, and younger men would now get the
full time jobs. He alleged age discrimination but this was difficult to substantiate as the company had a good
track record for employing people of all ages, and several witnesses for the respondent told the Commission
that age was not a consideration when employing staff. The complainant subsequently gained employment in
a remote area and found it difficult to continue with the complaint so decided to withdraw it.
Case studies of dismissed complaints
Race and impairment discrimination in the area of the provision of a service.
A person lodged a complaint of race and impairment discrimination, complaining about the level of service he
had received from a company two years prior to making his complaint. The Commissioner requested that he
show ‘good cause’ as to why she should accept the complaint ‘out of time’. When he failed to provide an
acceptable explanation the complaint was dismissed.
Race discrimination in the area of the provision of a service
The complainant alleged a public official had called him a ‘black bastard’. The complaint was dismissed as
lacking in substance as the complainant’s original complaint to the statutory body did not include any
reference to a racial taunt, and allegations of a racial taunt were only raised several weeks later and could not
be substantiated.
Sexual harassment in the area of employment
A female employee alleged that she was sexually harassed by a male colleague. When she objected to his
behaviour and reported the matter to her employer she alleged she was ostracised and harangued by her
alleged harasser and other work colleagues. As a result she was certified unfit to carry out the duties of her
position. The complainant was unable to provide any evidence of sexual harassment and there were no
witnesses who were prepared to confirm her version of events. The Commissioner found the initial incident
was not conduct of a sexual nature and therefore the subsequent alleged disadvantage and detriment was not
because of an unlawful act. The complaint was dismissed as being vexatious and lacking in substance.
Case studies of complaints referred to the State Administrative Tribunal by the
Commissioner under s93 of the Equal Opportunity Act 1984
Race discrimination in the area of provision of a service.
An Aboriginal woman complained a local bus driver treated her and her children less favourably on the
ground of race, by not picking them up, querying the unpaid fares of children who were not members of her
family and re-routing the service. The bus service claimed that she and her children did not have the correct
fares, were consistently late to the bus stop and that the complainant was abusive towards the bus driver. The
96
bus service was interested in reaching a conciliated settlement and offered a variety of settlement options, but
the complainant – partly due to the fact her complaints to the company had not been acted upon promptly and
she felt she had not been listened to – did not accept those settlement options. The Commissioner referred the
complaint to the State Administrative Tribunal (SAT) for determination under s93 of the Equal Opportunity
Act 1984 (the Act. The matter was settled at mediation.
Sex discrimination in the area of employment
The complainant alleged she was interviewed and hired by the first respondent, a large construction company,
but employed by the second respondent, a labour hire firm. After one week’s employment a male employee
returned to site and the complainant alleged it was soon made clear she was doing his work. She claimed the
male employee was rude and aggressive and when she complained to management she was told that ‘some
employees refused to work with females’. She also alleged the smoke room had pictures of naked females
posted on the walls, and her employment was subsequently terminated because male employees did not want
to work with a female. Both of the respondents, the construction company and the labour hire firm, alleged the
complainant was dismissed because of her poor work performance. The matter could not be conciliated and
the Commissioner referred the complaint to the SAT for determination under s93 of the Act. The matter is still
before the Tribunal.
Case studies of complaints referred to the State Administrative Tribunal at the
request of complainant under s90 of the Equal Opportunity Act 1984
Sex discrimination in the area of employment
A male employee felt he was discriminated against because female employees were issued with a different
style of bag as part of their allocated work uniform. The employer denied this was discriminatory. Attempts
to conciliate were unsuccessful and the Commissioner dismissed the complaint as being frivolous and lacking
in substance. The complainant requested that the matter be referred to the SAT for determination under s90 of
the Act.
Impairment discrimination in the area of employment
A male employee was involved in an after-hours altercation with several co-workers, resulting in them being
disciplined by their employer. The complainant alleged that because he was impaired he was the only one of
the group to be dismissed as a result of the subsequent enquiry into the incident. The Commissioner
determined the employer had demonstrated the complainant’s actions were worse than the others involved in
the altercation, and found the complainant had used his impairment to try and gain a benefit. The
Commissioner dismissed his complaint as lacking in substance, but the complainant required that the matter
be referred to the SAT for determination under s90 of the Act.
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APPENDIX B: Feedback form
EQUAL OPPORTUNITY COMMISSION
The Commission is interested in receiving your feedback regarding our 2005/06 Annual Report as we are
constantly striving to improve our services. Thank you for taking the time to complete and return this form.
1.
In general terms, how would you rate the 2005/06 Annual Report?
Excellent
Good Average Fair
Poor
1
2
3
4
5
2.
How could we improve our Annual Report?
3.
What features or sections in the Annual Report did you like?
4.
Any other comments?
5.
What is your Relationship with the Commission? (Please tick)
 Complainant
 Advocate
 Respondent
 Legal Firm
 Training participant: private sector
 Training participant: public sector
 Training participant: community sector
 Newsletter recipient
 Student
 Website browser
 Other (please specify)
Please return this form:
Post to:
Commissioner for Equal Opportunity, Equal Opportunity Commission,
PO Box 7370, Cloisters Square, PERTH WA 6850, or
Facsimile to: (08) 9216 3960.
THANK YOU FOR YOUR FEEDBACK
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